Chapter 3745-29 Industrial Solid Waste Landfill Facilities

As used in Chapter 3745-29 of the Administrative Code, the
definitions contained in rules
3745-27-01 and
3745-30-01 of the Administrative
Code and the following definitions are applicable:

(A)
"Industrial solid waste" or "industrial
waste" means a type of solid waste generated by manufacturing or industrial
operations and includes, but is not limited to, solid waste resulting from the
following manufacturing processes: electric power generation;
fertilizer/agricultural chemicals; food and food-related products/by-products;
inorganic chemicals; iron and steel manufacturing; leather and leather
products; nonferrous metals manufacturing; plastics and resins manufacturing;
pulp and paper industry; rubber and miscellaneous plastic products; stone,
glass, clay and concrete products; textile manufacturing; and transportation
equipment. "Industrial solid waste" does not include solid wastes generated by
commercial, agricultural, or community operations. Industrial solid wastes may
be disposed in a licensed sanitary landfill facility, a licensed industrial
waste landfill facility, or in a licensed residual waste landfill facility,
provided that the class number for the residual waste landfill facility is not
greater than the class number necessary for that residual waste as determined
by the residual waste characterization and landfill classification in
accordance with rules
3745-30-03 and
3745-30-04 of the Administrative
Code.

(B)
"Industrial solid waste
landfill facility" or "industrial waste landfill facility" means a sanitary
landfill facility where one or any combination of industrial solid wastes as
defined in paragraph (A) of this rule are exclusively disposed, and which has
not during its operating life, disposed of significant amounts of "municipal
solid waste" as that term is defined in rule
3745-27-01 of the Administrative
Code. Nontoxic fly ash, nontoxic bottom ash, nontoxic spent foundry sand, slag,
or construction and demolition debris may also be disposed at a residual waste
facility.

(A)
Chapter 3745-29
of the Administrative Code is applicable only to a sanitary landfill facility
which, in accordance with paragraph (B) of rule
3745-29-01 of the Administrative
Code, may be deemed an industrial solid waste landfill facility.

(B)
Chapter 3745-29 of the Administrative
Code is applicable to a facility originally permitted and licensed as an
industrial solid waste landfill facility after the effective date of this rule.

(C)
The owner or operator of a
facility as specified in paragraph (A) of this rule may submit to the director
a complete, signed notification, on forms prescribed by the director, of intent
to comply with Chapter 3745-29 of the Administrative Code in lieu of Chapter
3745-27 of the Administrative Code. The owner or operator shall comply with
Chapter 3745-29 of the Administrative Code and the facility shall be licensed
as an industrial solid waste landfill facility.

(A)
A permit to
install application as required by section
3734.05 of the Revised Code
shall be submitted, and approved by the director, before the establishment or
modification of the industrial solid waste landfill facility is begun.
Compliance with this rule shall not exempt any person from compliance with any
other permit, license, or other obligation for authorization.

(1)
The permit to install application shall
contain all the information required in paragraphs (B) and (C) of this rule, as
specified below, so that the director can determine if the criteria set forth
in rules
3745-27-02 and
3745-29-07 of the Administrative
Code are satisfied. If Ohio EPA determines that information in addition to that
required by paragraphs (B) and (C) of this rule is necessary to determine
whether the criteria set forth in rules
3745-27-02 and
3745-29-07 of the Administrative
Code are satisfied, the applicant shall supply such information as a
precondition to further consideration of the permit to install application.

(a)
The permit to install application for a
new industrial solid waste landfill facility, to modify an industrial solid
waste landfill facility for a lateral expansion, or one that is submitted in
response to division (A)(3), (A)(4), or (A)(5) of section
3734.05 of the Revised Code,
shall contain all the information required in paragraphs (B) and (C) of this
rule with the exception of paragraph (B)(5)(d) of this rule.

(b)
The permit to install application to
modify an industrial solid waste landfill facility for a vertical expansion to
the upper limits of solid waste placement shall contain the following
information:

(i)
All of the plan sheets
specified in paragraphs (B)(1), (B)(2), (B)(3)(g), (B)(4), (B)(5) and (B)(6) of
this rule.

(ii)
The plan sheet
showing the location of proposed explosive gas control system, if necessary,
specified in paragraph (B)(3)(f) of this rule.

(iii)
Detail drawings, as necessary,
specified in paragraph (B)(7) of this rule.

(iv)
All the reports specified in paragraphs
(C)(1), (C)(2) and (C)(7) of this rule.

(v)
The subsurface investigation report, as
necessary to provide supporting information for the stability analysis,
specified in paragraph (C)(3) of this rule.

(vii)
Calculations, as necessary, specified
in paragraph (C)(5) of this rule.

(viii)
The quality assurance/quality control
and final closure/post-closure care plans, specified in paragraphs (C)(8)(c)
and (C)(8)(d) of this rule.

(ix)
The letters, description, and list of permits specified in paragraphs
(C)(9)(a), (C)(9)(b), and (C)(9)(c) of this rule.

(c)
The permit to install application to
modify an industrial solid waste landfill facility for a vertical expansion to
the lower limits of solid waste placement shall contain the following
information:

(i)
All of the plan sheets
specified in paragraphs (B)(1) to (B)(6) of this rule.

(ii)
Detail drawings, as necessary, specified
in paragraph (B)(7) of this rule.

(iii)
All of the reports specified in
paragraphs (C)(1), (C)(2), (C)(3), and (C)(7) of this rule.

(v)
Calculations, as necessary, specified in
paragraph (C)(5) of this rule.

(vi)
The explosive gas monitoring and quality assurance/quality control plans
specified in paragraphs (C)(8)(b) and (C)(8)(c) of this rule.

(vii)
The letters, description, and list of
permits specified in paragraphs (C)(9)(a), (C)(9)(b), and (C)(9)(c) of this
rule.

(d)
The permit to
install application to modify a industrial solid waste landfill facility for a
change to the information specified in paragraph (C)(7) of this rule shall
discuss the change pursuant to paragraph (C)(7) of this rule in addition to the
following:

(ii)
Any variance or exemption requests specified in paragraph (C)(2) of this
rule.

(iii)
If the change is to the
authorized maximum daily waste receipt, the calculations showing gross volume
and life specified in paragraph (C)(5)(a) of this rule.

(e)
The permit to install application to
modify a industrial solid waste landfill facility, other than what is listed in
paragraphs (A)(1)(b) to (A)(1)(d) of this rule, shall contain the information
specified by paragraphs (B) and (C) of this rule that are affected by the
change and shall incorporate any alterations that were previously approved for
those components affected by the change.

(2)
The permit to install application shall
contain detail engineering plans, specifications, and information that shall
follow the format specified in paragraphs (B) and (C) of this rule. Detail
shall be sufficient to allow clear understanding for technical review of the
permit application, to provide assurance that the facility is designed and will
be operated in accordance with Chapters 3745-29 and 3745-37 of the
Administrative Code.

(4)
For regulatory
review purposes, the initial application and any subsequent revisions to the
application, shall be submitted in duplicate to the director with a third copy
sent to the board of health of the health district where the facility is or
will be located. Any revisions to the application must be accompanied by an
index listing the change and the page(s) where the change occurred. Upon
written request from Ohio EPA, the applicant shall submit two additional and
identically complete copies of the revised application to the director and a
notarized statement that, to the best of the knowledge of the applicant, the
detail engineering plans, specifications, and information in the permit
application are true and accurate.

(5)
Concurrent to submitting the permit to
install application, the applicant shall also do the following:

(a)
Submit a disclosure statement to the
office of the attorney general as required in rules
109:6-1-01 to
109:6-1-04 of the
Administrative Code.

(b)
Submit to
the division of Ohio EPA regulating air pollution control and water pollution
control, written notification of intent to site an industrial solid waste
landfill facility and a written request for information pertaining to any
regulatory requirements under Chapter 3704. or Chapter 6111. of the Revised
Code.

(6)
The permit to
install application, notwithstanding any deficiencies, may be considered and
acted upon if sufficient information is provided in the application for the
director to determine whether the criteria set for in rules
3745-27-02 and
3745-29-07 of the Administrative
Code are satisfied.

(7)
Upon
issuance of the permit to install, the director will send one copy of the
permit to install and approved permit application to the board of health where
the facility is or will be located, will return one copy to the applicant, and
will retain two copies in Ohio EPA's files.

(8)
The permit to install shall remain in
effect until the director has discontinued the post-closure care period at the
industrial solid waste landfill facility, unless the permit has been revoked or
terminated in accordance with rule
3745-27-02 of the Administrative
Code.

(B)
Plan sheets.
The following detail engineering plans, specifications, and information for an
industrial solid waste landfill facility shall be shown by means of drawings
and narrative descriptions where appropriate. Minimum dimensions of the plan
drawings shall be twenty-four inches by thirty-six inches.

(b)
The precise
geographic location and boundaries of the industrial solid waste landfill
facility and the area within a five-mile radius shown on a road map with a
scale of one inch equals no greater than one mile shall be used.

(c)
The name and address of the permit to
install applicant and for the industrial solid waste landfill
facility.

(d)
The name and address
of the owner(s) and operator(s) of the land to be used for the industrial solid
waste landfill facility, if different from the applicant.

(2)
Plan
drawings, showing the following items located within the facility boundary or
within one thousand feet of the limits of solid waste placement or as otherwise
specified in this paragraph, shall contain all information in paragraphs
(B)(2)(a) to (B)(2)(c) of this rule. Those items specified in paragraphs
(B)(2)(b) and (B)(2)(c) of this rule shall be illustrated on a series of plan
drawings which shall be numbered consecutively: 2A, 2B, 2C, etc. All items
specified in an individual subheading shall be shown on the same plan drawing
or a note shall be on the plan sheet stating the item does not exist within the
specified distance of the limits of solid waste placement. An individual plan
drawing may contain information specified in more than one individual
subheading. A scale of one inch equals no greater than two hundred feet shall
be used.

(a)
All plan drawings required by
paragraph (B)(2) of this rule shall include the following:

(i)
The property lines of land owned or
leased for the industrial solid waste facility as determined by a property
survey conducted by a professional surveyor registered in Ohio.

(b)
The
following based on publicly available information. For the purposes of this
rule, "publicly available information" means written or published information
from public or private sources that is reasonably available to the public, and
includes but is not limited to visual surveys from public right-of-ways and
public lands of the area surrounding the proposed industrial solid waste
landfill facility and/or written or oral surveys of the landowners around the
proposed industrial solid waste landfill facility.

[Comment: As long as the applicant can document that a
reasonable attempt was made to obtain the information, the application will be
considered complete even if information is lacking (e.g. the written or oral
survey is not responded to).]

(i)
All
zoning classifications, property owners, and political subdivisions.

(ii)
All man-made potential explosive gas
migration pathways, including underground utilities (sewers, water lines,
electric cables), field tiles, french drains, pipelines, and all other
potential sources of explosive gas including oil wells and gas wells and other
landfills. This requirement applies only to facilities regulated in accordance
with rule
3745-27-12 of the Administrative
Code.

(iv)
National park or recreation areas, candidate areas for potential inclusion into
the national park system, and any state park or established state park purchase
areas.

(v)
State nature preserves,
state wildlife areas, national and state scenic rivers, any national wildlife
refuge, special interest areas, research natural areas in the Wayne national
forest, outstanding national resource waters, and exceptional coldwater
habitats, or exceptional warmwater habitats defined in Chapter 3745-1 of the
Administrative Code.

(vi)
All
public and private water supply wells within two thousand feet of the limits of
solid waste placement (use a scale insert if necessary).

(vii)
The limits of all wellhead protection
areas or ground water source water assessment and protection areas that have
been endorsed or delineated by Ohio EPA for a public water supply.

(ix)
All surface and
underground mining of coal and noncoal minerals and the angle of draw within
two thousand feet of the limits of solid waste placement (use a scale insert if
necessary) and all oil and gas wells.

(x)
The limits of all aquifers declared by
the federal government under the Safe Drinking Water Act,
42 U.S.C
300f et. seq. (2003), to be a sole source
aquifer.

(c)
The limits
of disturbance and the facility boundary. The limits of disturbance includes
but is not limited to the limits of excavation, borrow areas, storage areas,
staging areas, areas to be cleared and grubbed, and roadways.

(3)
Plan drawings, showing the
following items located within three hundred feet of the limits of solid waste
placement, shall contain all information in paragraphs (B)(3)(a) to (B)(3)(h)
of this rule. Those items specified in paragraphs (B)(3)(a) to (B)(3)(h) of
this rule shall be illustrated on a series of plan drawings which shall be
numbered consecutively: 3A, 3B, 3C, etc. All items specified in an individual
subheading shall be shown on the same plan drawing (unless specified
otherwise). An individual plan drawing may contain information specified in
more than one individual subheading. A scale of one inch equals no greater than
two hundred feet shall be used.

(a)
All plan
drawings required by paragraph (B)(3) of this rule shall include those items
specified in paragraph (B)(2)(a) of this rule.

(b)
The location of existing or proposed
pipes and conduits, electric lines, french drains, roads, and railroads, and
any easements bordering or within the proposed facility boundaries.

(c)
The location of all subsurface
investigation sites, which are any location where subsurface conditions are
investigated by data collection and/or evaluation, including but not limited to
borings, test pits, monitoring wells, piezometers, tensiometers, geophysical
survey stations and soil gas survey stations; and all proposed ground water
monitoring wells.

(d)
Potentiometric maps of the uppermost aquifer system and all significant zones
of saturation above the uppermost aquifer system (more than one plan sheet may
be used).

(f)
The location of any existing or proposed
explosive gas control system.

(g)
A
diagram showing the phases of the industrial solid waste landfill
facility.

(h)
The land set aside
for leachate treatment/pre-treatment facilities as required in paragraph (K)(5)
of rule 3745-29-19 of the Administrative
Code.

(4)
Plan drawings
for the entire industrial solid waste landfill facility showing the boundaries
and elevations of the following items shall be on plan drawings numbered
consecutively 4A, 4B, 4C, etc. The scale on these drawings shall be one inch
equals no greater than two hundred feet and contour intervals shall be no
greater than five feet for slopes less than or equal to twenty-five per cent
and ten feet for slopes greater than twenty-five per cent.

(a)
The horizontal and vertical limits of
excavation proposed in the permit to install application, showing any areas
where added geologic material necessary to comply with the isolation distance
requirement in rule
3745-29-07 of the Administrative
Code is to be placed.

(b)
The
horizontal limits and top and bottom elevations of the recompacted soil liner
proposed in the permit to install application.

(c)
The top elevation of leachate collection
layer, pipe inverts, and layout of the leachate collection and management
system(s), including any leachate storage tanks, proposed in the permit to
install application.

(d)
The
horizontal limits and top and bottom elevations of all existing waste and waste
placement proposed in the permit to install application. Limits and elevations
of existing waste can be determined by surveys. If an industrial solid waste
landfill facility was not required or does not have survey results, the owner
or operator shall provide justification of the limits shown in the permit to
install application. If the authorizing document(s) does not show limits of
existing waste placement, then the elevation of final waste placement shall be
deemed to be two feet below the final grade shown, unless alternative limits
are satisfactorily demonstrated to Ohio EPA.

(e)
If a separatory liner/leachate collection
system is required, its horizontal limits and top and bottom
elevations.

(f)
The horizontal
limits and top and bottom elevations of the composite cap system; surface water
control structures including permanent ditches to control run-on and runoff;
and sedimentation ponds including the inlet and outlet; and any permanent
ground water control structures proposed in the permit to install
application.

(g)
Establish a grid
system with northings and eastings not more than five hundred feet
apart.

(5)
Cross
sections of the following shall be on plan drawings numbered consecutively 5A,
5B, 5C, etc. and shall clearly show the horizontal and vertical scale used:

(a)
The hydrogeology of the industrial solid
waste landfill facility intercepted by borings or other subsurface
investigation methods showing the following:

(b)
The
perimeter of the property showing the natural potential explosive gas migration
pathways. This requirement applies only to facilities regulated in accordance
with rule
3745-27-12 of the Administrative
Code.

(c)
The length and width of
the industrial solid waste facility dividing the facility into quarters (i.e.
three cross-sections in each direction) showing the following:

(6)
Plan drawings showing the systematic development of each phase of the
industrial solid waste landfill facility. Each plan drawing numbered
consecutively 6A, 6B, 6C, etc. shall show the phase, all previously operated
phases, the grid system established in accordance with paragraph (B)(4)(g) of
this rule, and all of the following:

(a)
The
location of any ground water monitoring wells, piezometers, explosive gas
permanent monitors and punch bar stations and alarms, leachate collection and
management structures, or surface water control structures to be installed
prior to accepting waste in the depicted phase.

(i)
Sedimentation pond and discharge
structures and surface water run-on and runoff control structures.

(j)
Other necessary details, including but
not limited to structural fill for berms and subbase, gas collection layer, and
transitional cover.

(C)
Reports. The following information shall
be presented in narrative form in a report with a table of contents and divided
and labeled according to paragraphs (C)(1) and (C)(9) of this rule.

(1)
Summary. Summary of the facility environs
and demonstration that the industrial solid waste landfill facility will meet
the criteria for permit approval by the director specified in rules
3745-27-02 and
3745-29-07 of the Administrative
Code. The demonstration shall include a discussion of the facility's, owner's,
or operator's compliance with the applicable authorizing document(s).

(3)
Site investigation. A
hydrogeologic and geotechnical site investigation report(s), which shall at a
minimum include the following:

(a)
Sufficient
information to allow the director to determine the suitability of the site for
solid waste disposal through the following:

(i)
Identification and characterization of
the hydrogeology of the uppermost aquifer system and all stratigraphic units
that exist above the uppermost aquifer system.

(ii)
Characterization of the site geology and
hydrogeology to allow for the evaluation of the proposed design of the
industrial solid waste landfill facility and to ensure that it will be in
compliance with the requirements of rule
3745-29-07 and rule
3745-29-10 of the Administrative
Code.

[Comment: The narrative portion of the hydrogeologic and
geotechnical report focuses on the siting and ground water monitoring issues.
The subsurface investigation portion of the report also addresses stability and
design issues.]

(b)
A description, based on publicly
available information, of the regional geology and hydrogeology within one mile
of the proposed industrial solid waste landfill facility. This shall include,
but is not limited to the following:

[Comment: Publicly available information regarding unstable
areas is placed in a separate section located in the stability analysis in
paragraph (C)(4) of this rule.]

(i)
The identification and average yield of the regional aquifer
system(s).

(ii)
The direction of
ground water flow in the regional aquifer system(s).

(iii)
The identification of recharge and
discharge areas of the regional aquifer system(s).

(iv)
Regional stratigraphy, including any
regional stratigraphic or structural features, such as the bedrock surface,
bedrock dip, or joint systems, that may influence the ground water flow
system.

(v)
A description of the
regional geomorphology, including the location of surface water bodies, flood
plains, etc. and a description of any topographic features that may influence
the ground water flow system.

(i)
If any surface or underground mines were
identified in accordance with paragraph (B)(2)(b)(ix) of this rule, a letter
from the Ohio department of natural resources division of mineral resources
management or other appropriate agency verifying type, mining method, location,
depth, and status.

(iii)
If any oil
or gas wells were identified in accordance with paragraph (B)(2)(b)(ix) of this
rule, a letter from the Ohio department of natural resources or other
appropriate agency verifying type, location, depth and status.

(iv)
A letter from the army corps of
engineers agreeing with the wetland delineation, as depicted on the plan
drawing with the information required by paragraph (B)(2)(a)(iv) of this rule,
including if appropriate, that no wetlands are present, and if any wetlands are
isolated.

(d)
A detailed
description and analysis of the geology and hydrogeology under the proposed
industrial solid waste facility. This description shall be based on data
collected using appropriate subsurface investigatory methods such as borings,
monitoring wells, tensiometers, piezometers, geophysical surveys, soil gas
surveys, dutch cone penetrometers, and test pits. The description and analysis
shall include, but is not limited to, the following:

[Comment: This information may also be used in the stability
analysis required by paragraph (C)(4) of this rule.]

(i)
The consolidated and unconsolidated
stratigraphic units from the ground surface down to the base of the uppermost
aquifer system including the following:

(a)
Characteristics, composition and features including the following:

(i)
For unconsolidated stratigraphic units,
the textural classification using the "Unified Soil Classification System"
(USCS), described in ASTM D2487-00.

(iii)
Color; moisture
content; stratigraphic features such as layering, interbedding, or weathering;
fracturing, jointing, and other types of secondary porosity; and any visible
accessory minerals such as pyrite, calcite or gypsum.

(e)
Variations in texture, saturation,
stratigraphy, structure, or mineralogy exhibited by each stratigraphic unit
that could influence the ground water flow or quality in the uppermost aquifer
system or any overlying zones of saturation.

(ii)
The local geomorphology at the proposed
industrial solid waste landfill facility including surface water bodies or
topographic features that could influence the ground water flow or quality in
the uppermost aquifer system or any overlying zones of saturation.

(iii)
Any local structural geology features
under the proposed industrial solid waste landfill facility that could
influence the ground water flow or quality in the uppermost aquifer system or
any overlying zones of saturation.

(iv)
The uppermost aquifer system and all
significant zones of saturation above the uppermost aquifer system. The
description shall include the depth to, and lateral and vertical extent of, the
uppermost aquifer system and all significant zones of saturation above the
uppermost aquifer system. This description and analysis shall include but not
be limited to the following:

(a)
Temporal
fluctuations in ground water levels over a period of time to determine the
seasonal effects on ground water flow directions.

[Comment: Temporal fluctuations will also be used for
determining the temporal high phreatic and piezometric surfaces, required to
address stability issues.]

(b)
An interpretation of the ground water
flow system, including hydraulic conductivity, rate of flow, direction of flow,
vertical and lateral components of flow, and interconnections between and
within the uppermost aquifer system and any significant zones of saturation
above the uppermost aquifer system. This interpretation shall be described in
both narrative and map form.

(c)
Identification and characterization of recharge and discharge areas within the
boundaries of the proposed industrial solid waste landfill facility. This shall
include any relationships of ground water with seeps, springs, streams, and
other surface water features.

(d)
Yield of any significant zones of saturation and of the uppermost aquifer
system(s).

(v)
If the
applicant chooses, site specific justification that an unconsolidated aquifer
system capable of sustaining a yield of one hundred gallons per minute for a
twenty-four-hour period (based on evidence gathered in accordance with
paragraph (C)(3)(b) of this rule), is not located beneath the
facility.

(e)
A
description and quantification of the ground water quality of the uppermost
aquifer system and all significant zones of saturation above the uppermost
aquifer system. The description and quantification of ground water quality
shall describe and quantify the rate, extent, and concentration of any ground
water contamination located under the facility.

(f)
Subsurface investigation information. The
following information will be used to prepare the site investigation report
narrative required in paragraphs (C)(3)(b), (C)(3)(d), and (C)(3)(e) of this
rule and the stability analyses required in paragraph (C)(4) of this rule. All
submitted information shall be adequate to satisfy the performance standards of
paragraphs (C)(3)(a) and (C)(4) of this rule. At a minimum the information
shall include the following:

[Comment: The narrative portion of the hydrogeologic and
geotechnical report focuses on the siting and ground water monitoring issues.
The subsurface investigation portion of the report also address stability and
design issues.]

(i)
Publicly available
information collected and used to prepare the site investigation report
narrative required in paragraph (C)(3)(b) of this rule and the plan sheets
required in paragraph (B)(2) of this rule. For the purposes of this rule,
"publicly available information" means written or published information from
public or private sources that is reasonably available to the public, and
includes but is not limited to visual surveys from public right-of-ways and
public lands of the area surrounding the proposed industrial solid waste
landfill facility and/or written or oral surveys of the landowners around the
proposed industrial solid waste landfill facility. At a minimum, the publicly
available information includes the following:

[Comment: As long as the applicant can document that a
reasonable attempt was made to obtain the information, the application will be
considered complete even if information is lacking (e.g. the written or oral
survey is not responded to).]

(a)
All
well logs, and, where applicable, the decommissioning records, for public and
private water supply wells within one mile of the proposed industrial solid
waste landfill facility.

(b)
The
Ohio department of natural resources division of water's county ground water
resource maps or other appropriate regional hydrogeological data.

(ii)
Information collected at the site for each stratigraphic unit from the surface
to the bottom of the uppermost aquifer system or to one hundred and fifty feet
below the proposed composite liner system, whichever is shallower. The
information will be used to prepare the site investigation report narrative
required in paragraph (C)(3)(d) of this rule. This information shall be
presented on logs appropriate for the subsurface investigatory method used. At
a minimum the information shall include the following:

[Comment: The subsurface investigation conducted to provide the
information required by this paragraph may be combined with the subsurface
investigation conducted to provide the information required by paragraph
(C)(3)(f)(v) of this rule.]

(a)
Location of the subsurface investigation site (northing and easting location
coordinates).

(i)
For
saturated unconsolidated stratigraphic units, at least one field measurement of
hydraulic conductivity per saturated unconsolidated unit and one additional
measurement per saturated unconsolidated unit for each twenty acres.

(ii)
For unconsolidated stratigraphic units,
from which an undisturbed sample can be collected, at least one laboratory
measurement of vertical hydraulic conductivity per unconsolidated unit and one
additional measurement per unconsolidated unit for each twenty acres.

(iii)
For saturated consolidated
stratigraphic units, at least one field measurement of hydraulic conductivity
per saturated consolidated unit and one additional measurement per saturated
consolidated unit for each twenty acres.

[Comment: Most field methods for measuring hydraulic
conductivity primarily evaluate lateral hydraulic conductivity, but also
account for at least some effects of vertical hydraulic conductivity over the
tested interval. In cases where laboratory measurements of vertical hydraulic
conductivity are obtained for unconsolidated saturated units which are wholly
or partially saturated, the vertical hydraulic conductivity should be compared
to the field hydraulic conductivity to help evaluate the extent to which
near-vertical fractures may be contributing to ground water flow through the
unit. Hydraulic conductivity data should be interpreted with respect to the
primary and secondary porosity features that are observed or are reasonably
expected to occur in the investigated units, as well as the stratigraphic and
structural features of the investigated units.]

(g)
Yield of any significant zones of
saturation and of the uppermost aquifer.

(h)
If an unconsolidated aquifer system
capable of sustaining a yield of one hundred gallons per minute for a
twenty-four-hour period is suspected beneath the facility based on evidence
gathered in accordance with paragraph (C)(3)(b) of this rule, and the applicant
proposes to revise that finding, the applicant must provide adequate
site-specific information on the suspected aquifer system to justify any
requested revision, including but not limited to the yield of any aquifer
systems below the uppermost aquifer system.

(iii)
Construction diagrams of all monitoring
wells and piezometers. At a minimum the diagrams shall include the following:

(a)
The top-of-casing elevation used for
water level measurement reference surveyed to the nearest hundredth of a
foot.

(d)
The
screened interval depth and elevation, and the screen slot size.

(e)
A description of all construction
materials and depth intervals for all construction materials.

(iv)
Data gathered by sampling and
analyzing the ground water from the uppermost aquifer system and all
significant zones of saturation above the uppermost aquifer system. These
samples shall, at a minimum, be analyzed for compounds 1 to 78 listed in
paragraph (H) of appendix
III to rule
3745-30-08 of the Administrative Code.

(v)
Information collected at the site and
used to prepare the stability analysis required in paragraph (C)(4) of this
rule. This information shall be presented on logs appropriate for the
subsurface investigatory method used. The subsurface investigatory method(s)
and frequency must be adequate to find the unconsolidated stratigraphic units
susceptible to bearing capacity failure, static stability failure, seismic
stability failure, or settlement, at the site. The information shall be
collected for each unconsolidated stratigraphic unit under the facility down to
fifty feet below the proposed depths of excavation. At a minimum the
information shall include the following:

[Comment: Ohio EPA recommends a frequency of one subsurface
investigatory site for every four acres on a more or less uniform grid across
the site. However, for sites which are located in areas where landslides or
mass movements of unconsolidated material have occurred, or are underlain by
complex geology with multiple unconsolidated stratigraphic units, more borings
may be necessary pursuant to paragraph (A)(1) of this rule. Sites which are
located in areas with a consistent stratigraphy, which is supported by
comprehensive and reliable information from previous studies, may use a lower
frequency of borings. Ohio EPA recommends against boring through cap, existing
waste, or liner to obtain this information. Other methods or increased borings
around the landfill footprint should be used.]

[Comment: Given the objective of finding thin unconsolidated
stratigraphic units susceptible to bearing capacity failure, static stability
failure, seismic stability failure, or settlement, the unconsolidated
stratigraphic units should be logged continuously, and the subsurface
investigation may also need to go deeper if publicly available data gathered
pursuant to paragraph (C)(4)(g) of this rule or if field data gathered pursuant
to paragraph (C)(3)(d)(i) of this rule indicate that deeper susceptible units
exist.]

[Comment: The subsurface investigation conducted to provide the
information required by this paragraph may be combined with the subsurface
investigation conducted to provide the information required by paragraph
(C)(3)(f)(ii) of this rule.]

[Comment: "Phreatic surface" is synonymous with the term "water
table" and "piezometric surface" is synonymous with the term "potentiometric
surface." Hydrogeologic investigations generally use "water table" for a water
level surface in an unconfined saturated unit and "potentiometric surface" for
the pressure head surface associated with a confined saturated unit. In
hydrogeologic applications, the "water table" is considered a special type of
potentiometric surface where the head pressure is equal to atmospheric
pressure.]

[Comment: Any piezometric surfaces associated with bedrock that
may affect the facility during excavation or construction may also be
identified.]

(h)
If appendix I to rule
3745-29-08 of the Administrative
Code will be used, the vertical hydraulic conductivity of each unsaturated
stratigraphic unit.

(vi)
Laboratory analysis on representative samples of all the unconsolidated
stratigraphic units under the facility down to a minimum of fifty feet below
the proposed depths of excavation. The information is used to prepare the
stability analysis required in paragraph (C)(4) of this rule. At a minimum the
information shall include the following:

[Comment: Undisturbed samples from at least ten per cent of the
borings passing through each susceptible unit, or a minimum of three, whichever
is greater, should be collected to provide representative data.]

(g)
A detailed description of how
the subsurface investigation was conducted for the following:

(i)
The subsurface investigatory and sampling
methods used in characterizing the geologic and hydrogeologic properties of the
consolidated and unconsolidated stratigraphic units at the proposed industrial
solid waste landfill facility and an explanation of why the particular
subsurface investigatory method(s) was chosen.

(ii)
The analytical procedures and
methodology used to characterize the unconsolidated and consolidated materials
obtained from test pits and borings.

(iii)
The methodology, equipment, and
procedures used to define the uppermost aquifer system and all significant
zones of saturation above the uppermost aquifer system, including the
following:

(iv)
The methodology, equipment, and
procedures used to determine the ground water quality in the uppermost aquifer
system and any significant zones of saturation above the uppermost aquifer
system, including the following:

(4)
Stability analysis. The following
analyses establishing the stability of the industrial solid waste landfill
facility and the subsurface. The analyses shall provide sufficient information
to allow Ohio EPA to sufficiently characterize the facility geology to allow
for the evaluation of the proposed design of the industrial solid waste
landfill facility.

(v)
A
narrative description of the rationale used for the selection of the critical
cross section that, at a minimum, shall consider the worst case intersection of
the highest phreatic or piezometric surface with the maximum excavation
depth.

(vi)
A plan drawing showing
the greatest temporal high phreatic or piezometric surface (prepared in
compliance with paragraph (B)(3)(d) of this rule) and the horizontal and
vertical limits of excavation (prepared in compliance with paragraph (B)(4)(a)
of this rule).

(vii)
A profile view
of the critical area that fully depicts the analysis input model including the
following:

(i)
The scope, extent,
and findings of the subsurface investigation conducted in accordance with
paragraph (C)(3) of this rule, and earthen materials testing program as it
pertains to static stability.

(ii)
A narrative description of the rationale used for the selection of the analysis
input parameters.

(b)
Shallow translational and rotational
failure mechanisms of internal slopes and final slopes for saturated conditions
and drained conditions.

(v)
For each of the failure modes and
conditions assessed, provide a narrative description of the rationale used for
the selection of the critical cross sections for the internal slopes, interim
slopes, and final slopes.

(vi)
A
profile view of the critical cross sections that fully depicts the analysis
input model including the following:

(d)
The seismic stability analysis shall
demonstrate that the design meets the specifications in paragraphs
(C)(7)(d)
and (C)(7)(e) of rule
3745-29-08 of the Administrative
Code and shall include the following:

(i)
The
scope, extent, and findings of the subsurface investigation conducted in
accordance with paragraph (C)(3) of this rule, and earthen materials testing
program as it pertains to seismic stability.

(ii)
A narrative description of the rationale
used for the selection of the analysis input parameters.

(iii)
A description of the method used to
calculate the seismic stability.

(iv)
An assessment of failure modes and
conditions that, at a minimum, should include the following:

(a)
Deep-seated translational and rotational
failure mechanisms of final slopes for drained conditions.

(b)
Deep-seated translational and rotational
failure mechanisms of internal and interim slopes for drained conditions, if
required by the director.

(c)
Shallow translational and rotational failure mechanisms of final slopes for
drained conditions.

(v)
For each of
the failure modes and conditions assessed, provide a narrative description of
the rationale used for the selection of the critical cross sections for the
internal slopes, interim slopes, and final slopes.

(vi)
The profile views of the critical cross
sections that fully depict the analysis input model including the following:

(f)
If a separatory liner is used and is
designed with a slope other than that specified by rule
3745-29-08 of the Administrative
Code, the settlement analysis of the separatory liner shall include the
following:

(i)
A narrative description of the
rationale used for the selection of the analysis input parameters.

(g)
A description, based on publicly
available information, of unstable areas within one mile of the limits of solid
waste placement. For the purposes of this rule, "publicly available
information" means written or published information from public or private
sources that is reasonably available to the public, and includes but is not
limited to visual surveys from public right-of-ways and public lands of the
area surrounding the proposed industrial solid waste landfill facility and/or
written or oral surveys of the landowners around the proposed industrial solid
waste landfill facility. The description shall include the following:

[Comment: As long as the applicant can document that a
reasonable attempt was made to obtain the information, the application will be
considered complete even if information is lacking (e.g. the written or oral
survey is not responded to).]

(5)
Calculations. The following
design calculations with references to equations used, showing site-specific
input and assumptions that demonstrate compliance with the design requirements
of rule 3745-29-08 of the Administrative
Code:

(a)
Calculations showing gross volume of
the industrial solid waste landfill facility in cubic yards and anticipated
life in years.

(b)
Recompacted soil
liner thickness calculations, from appendix I to rule
3745-29-08 of the Administrative
Code, if any.

(b)
Technique of waste receipt, including but
not limited to acceptance of baled waste or loose waste.

(c)
Type of waste to be received, including
but not limited to industrial solid waste, residual solid waste, asbestos or
asbestos containing waste that is subject to the provisions of NESHAP, 40 CFR
Part 61, subpart M, July 1, 2003, or construction and demolition
debris.

(d)
Type of equipment to be
used to construct, operate, and maintain the industrial solid waste landfill
facility.

[Comment: A change in equipment that decreases the capability
of the owner or operator to handle the waste received, may be considered to
endanger human health and may require a permit.]

(a)
Ground water detection monitoring program
as required in rule
3745-29-10 of the Administrative
Code, and, if applicable, the ground water quality assessment plan and/or the
corrective measures plan pursuant to rule
3745-29-10 of the Administrative
Code.

(b)
Explosive gas monitoring
plan in accordance with rule
3745-27-12 of the Administrative
Code for a permit to install application for a new industrial solid waste
landfill facility or for a lateral expansion of an existing industrial solid
waste landfill facility with an occupied structure located within one thousand
feet of the limits of solid waste placement.

(c)
The quality assurance/quality control
plan for the engineered components addressing the following:

(d)
The "final
closure/post closure care plan" as detailed in paragraph (B) of rule
3745-29-11 of the Administrative
Code.

(9)
Notifications
and certifications. All applications shall include the following:

(a)
Letters of intent to establish or modify
a industrial solid waste landfill facility, which include a description of
property and facility boundaries, shall be sent via certified mail or any other
form of mail accompanied by a receipt to the following entities (copies of
these letters of intent with copies of the mail receipts shall be included with
the application):

(i)
The governments of the
general purpose political subdivisions where the industrial solid waste
landfill facility is located, i.e., county commissioners, legislative authority
of a municipal corporation, or the board of township trustees.

(ii)
The single county or joint county solid
waste management district.

(iii)
The owner or lessee of any easement or right of way bordering or within the
proposed facility boundaries that may be affected by the proposed industrial
solid waste landfill facility.

(v)
The airport administrator and the federal
aviation administration, if the placement of solid waste has occurred or will
occur within ten thousand feet of any airport runway used by turbojet aircraft
or within five thousand feet of any airport runway used by only piston-type
aircraft. "Airport" is defined in rule
3745-27-01 of the Administrative
Code.

(vi)
The park system
administrator, if any part of the industrial solid waste landfill facility is
located within or shares the park boundary.

(vii)
The conservancy district, if any part
of the industrial solid waste landfill facility is located within or shares the
conservancy district boundary.

(b)
If the facility exclusively disposes of
solid waste generated by the owner of the facility, a description of efforts at
the original source of generation to prevent or reduce generation of the
industrial solid waste, and efforts to recycle or reuse the industrial solid
waste in a manner other than disposal.

[Comment: The applicant can contact the office of pollution
prevention at Ohio EPA for information on source reduction and recycling. The
applicant can contact waste exchanges to find a user for the industrial solid
waste.]

(c)
A list of the
permits, licenses, plan approvals, authorizations or other approvals that have
been applied for and the local, state or federal office or agency where
application has been made.

(d)
Proof of property ownership or lease agreement to use the property as an
industrial solid waste landfill facility.

(A)
General criteria. The director shall not
approve any permit to install application for an industrial solid waste
landfill facility unless the director determines that all of the following
criteria are met:

(1)
Establishment or
modification and operation of the industrial solid waste landfill facility will
not violate Chapter 3704., 3734., or 6111. of the Revised Code.

(2)
The industrial solid waste landfill
facility will be capable of being constructed, operated, closed, and maintained
during the post-closure care period in accordance with Chapter 3745-29 of the
Administrative Code, and with the terms and conditions of the permit.

(3)
The applicant, and/or the
person(s) listed as owner and operator if the owner and operator are not the
applicant, who has previously been or is currently responsible for the
management or operation of one of more solid waste facilities, has managed or
operated such facility in substantive compliance with applicable provisions of
Chapters 3704., 3734., 3714., and 6111. of the Revised Code, and any rules,
permits or other authorizations issued thereunder, and has maintained
substantial compliance with all applicable orders issued by the director, the
Ohio environmental review appeals commission, or courts having jurisdiction in
accordance with Chapter 3746-13 of the Administrative Code, in the course of
such previous or current management or operations. The director may take into
consideration whether substantial compliance has been maintained with any
applicable order from a board of health maintaining a program on the approved
list and any other courts having jurisdiction.

(4)
The person listed as operator meets the
requirements of division (L) of section
3734.02 of the Revised Code and
rules adopted thereunder.

(5)
The
applicant meets the requirements of sections
3734.42 to
3734.44 of the Revised Code and
rules adopted thereunder.

(B)
Discretionary criteria. The director may
consider, when determining whether or not to approve a permit to install
application for an industrial solid waste landfill facility, the following:

(1)
The impact the proposed industrial solid
waste landfill facility may have on corrective actions that have been taken,
are presently being taken, or are proposed to be taken at the facility or in
the immediate area.

(2)
The
technical ability of the owner or operator to adequately monitor the impact of
the industrial solid waste landfill facility on the environment.

(C)
Design criteria. The director
shall not approve a permit to install application unless the director
determines that the application conforms to the appropriate paragraphs of rule
3745-29-08 of the Administrative
Code as follows:

(2)
A proposed vertical
expansion, as defined in rule
3745-27-01 of the Administrative
Code, shall do the following:

(a)
At a
minimum, comply with paragraphs (B)(1)(a) and (B)(1)(e) to (B)(1)(h), paragraph
(B)(2) as required, paragraph (B)(3) as relevant, paragraphs (C)(4) to (C)(7),
and paragraphs (D)(1) to (D)(3) and (D)(18) to (D)(27) of rule
3745-29-08 of the Administrative
Code if the expansion is above the authorized fill area of the industrial solid
waste landfill facility.

(b)
At a
minimum, comply with paragraphs (B), (C), and (D) of rule
3745-29-08 of the Administrative
Code if the vertical expansion is below the authorized fill area of the
industrial solid waste landfill facility.

[Comment: If a land fill is permitted to vertically expand
below a previously approved, but unfilled, area, that area must be constructed
in accordance with current rule requirements.]

(3)
Vertical expansion construction. For a
permit application submitted after the effective date of this rule that
includes a vertical expansion over an authorized fill area, the expansion
area(s) must be constructed over either of the following:

(a)
A separatory liner system constructed in
accordance with rule
3745-29-08 of the Administrative
Code.

(b)
An authorized fill area
that is underlain by a composite liner or engineered liner previously approved
by the director, and a leachate collection system.

(4)
Applications for an industrial solid
waste landfill facility submitted in response to divisions (A)(3) and (A)(4) of
section 3734.05 of the Revised Code
shall comply with paragraphs (B), (C), and (D) of rule
3745-29-08 of the Administrative
Code, with the exception that filled areas of the industrial solid waste
landfill facility shall, at a minimum, meet the requirements of paragraphs
(D)(1) to (D)(4), (D)(18) to (D)(23), and (D)(25) to (D)(27) of rule
3745-29-08 of the Administrative
Code.

(5)
Permit to install
applications exclusively requesting a change in technique of waste receipt, or
type of waste received, or type of equipment used, need not comply with rule
3745-29-08 of the Administrative
Code.

(6)
Applications exclusively
requesting a change in the authorized maximum daily waste receipt (AMDWR) and
submitted pursuant to paragraph (E) of this rule need not comply with rule
3745-29-08 of the Administrative
Code.

(7)
Other modifications of
an industrial solid waste landfill facility, as that term is defined in rule
3745-27-02 of the Administrative
Code shall comply with the relevant paragraphs of rule
3745-29-08 of the Administrative
Code.

The director shall not approve a permit to install application
for a permanent change in the AMDWR for the industrial solid waste landfill
facility unless the owner or operator demonstrates that the industrial solid
waste landfill facility can operate in compliance with all applicable solid
waste regulations while receiving the requested maximum daily waste receipt. An
adequate demonstration for an industrial solid waste landfill facility
includes, but is not limited to, the following:

(1)
An explanation of the overall facility
design including construction time frames and fill sequences for the industrial
solid waste landfill facility.

(3)
If applicable, the owner's or operator's
previous compliance history throughout the life of the industrial solid waste
landfill facility and the daily logs for any period that the industrial solid
waste landfill facility was out of compliance.

[Comment: An application for a temporary increase in the AMDWR
must satisfy the criteria specified in rule
3745-37-14 of the Administrative
Code.]

For the purposes of this rule, an "authorized fill area" is an
area within the limits of solid waste placement of an industrial solid waste
landfill facility that is authorized, by a permit(s) to install, plan approval,
operational report, or other authorizing document(s) to accept industrial solid
waste as of the date of submittal of the permit to install application for a
lateral or vertical expansion.

The director shall not approve the permit to install
application for an industrial solid waste landfill facility unless the director
determines that the application meets the criteria specified in paragraph (H)
of this rule, as follows:

(1)
Call-in
permits. An individual solid waste landfill facility for which a permit to
install application, including any proposed lateral or vertical expansions, is
submitted in response to division (A)(3) or (A)(4) of section
3734.05 of the Revised Code,
shall meet all the criteria specified in paragraph (H) of this rule; however,
the director may approve the application for one or more noncontiguous areas
which meet the criteria specified in paragraph (H) of this rule, even though
other areas do not meet the criteria specified in paragraph (H) of this rule.

[Comment: The purpose of a call-in permit is to upgrade a
facility to the standards in Chapter 3745-29 of the Administrative Code. The
review of a call-in permit should be distinguished from a "voluntary"
expansion, or AMDWR permit application. Since the call-in process looks at the
entire facility, including any expansions proposed in the call-in application,
a voluntary application which by be approvable by itself may not be adequate
when viewed in the context of the entire facility. It is the applicant's option
to submit voluntary vertical or lateral expansions with the call-in application
or to submit a voluntary application before the call-in application.]

(2)
Operation changes. A permit to
install application that exclusively proposes a substantial change in technique
of waste receipt, or type of waste received, or type of equipment used at the
industrial solid waste landfill facility, need not comply with the criteria
specified in paragraph (H) of this rule.

(3)
AMDWR increase. A permit to install
application which exclusively proposes a change in the AMDWR limit for the
industrial solid waste landfill facility need not comply with the criteria
specified in paragraph (H) of this rule.

(4)
Other modification permits. A permit to
install application that incorporates a "modification" of the industrial solid
waste landfill facility, as that term is defined in rule
3745-27-02 of the Administrative
Code, and the modification does not incorporate a capacity increase or
otherwise change the vertical or horizontal limits of waste placement, need not
comply with the criteria specified in paragraph (H) of this rule.

(5)
Vertical expansion. For the purposes of
this rule, a vertical expansion, as defined in rule
3745-27-01 of the Administrative
Code, includes the proposed vertical expansion and all waste within the
vertical projection above or below the proposed vertical expansion. When
evaluating a proposed vertical expansion, the director shall apply the
following criteria:

(a)
All of the criteria
specified in paragraph (H) of this rule, except for paragraph (H)(4) of this
rule (general setbacks).

[Comment: Paragraph (H)(4) of this rule includes setbacks for
natural areas, three hundred feet from facility boundary, one thousand feet
from domicile, and two hundred feet from surface waters.]

(b)
The criteria specified below apply to all
areas of the authorized fill area that are contiguous to the proposed vertical
expansion but which are not directly above or below the proposed vertical
expansion:

[Comment: See diagram no. 1 in appendix I of this rule.
Vertical expansion permits seek a voluntary vertical change in waste placement
boundaries. A decision for final denial of a voluntary vertical expansion
permit application does not alter the current authorizing document(s) for the
facility. Filling may continue in the authorized fill area in accordance with
the applicable authorizing document(s).]

A proposed new landfill or a lateral expansion of an existing
landfill shall meet all of the criteria specified in paragraph (H) of this
rule; however, the director may approve the application for one or more
noncontiguous areas proposed in the application that meet the criteria
specified in paragraph (H) of this rule, even though other proposed areas do
not meet the criteria specified in paragraph (H) of this rule.

(7)
"Authorized fill area," that
is contiguous or noncontiguous to a proposed lateral expansion.

(a)
Noncontiguous authorized fill area. When
evaluating a proposed lateral expansion, the criteria specified in paragraph
(H) of this rule do not apply to an authorized fill area that is noncontiguous
with the lateral expansion proposed in the permit to install application.

[Comment: In this situation, the permit to install application
proposes a lateral expansion of the facility that is not contiguous to the
currently permitted fill area (the "authorized fill area"). All siting criteria
apply to the "lateral expansion"; no siting criteria apply to the authorized
fill area. See diagram no. 2 in appendix I of this rule.]

(b)
Contiguous authorized fill area. When
evaluating a permit to install application that includes a proposed contiguous
new unit(s) without a vertical expansion above or below some or all of the
authorized fill areas, the following apply:

[Comment: In the situation addressed in this paragraph, the
permit to install application proposes a lateral expansion of the facility that
is contiguous to the currently permitted fill area (the "authorized fill
area"). All siting criteria apply to the "lateral expansion"; however,
paragraphs (G)(7)(b)(i) and (G)(7)(b)(ii) of this rule specify the criteria
that apply to the authorized fill area. A final denial decision on the
voluntary proposed lateral expansion application does not alter the approval to
fill in the authorized fill area.]

(i)
When evaluating a proposed lateral
expansion, the following criteria specified in paragraph (H) of this rule do
not apply to the authorized fill area contiguous with the lateral expansion
proposed in the permit to install application:

[Comment: Paragraph (H)(3) of this rule includes setbacks for
five year time of travel to public water supply well, underground mines, and
one thousand feet from water supply well. Paragraph (H)(4) of this rule
includes setbacks for natural areas, three hundred feet from facility boundary,
one thousand feet from domicile, and two hundred feet from surface waters.]

(ii)
When
evaluating a proposed lateral expansion, the following criteria always apply to
the authorized fill area contiguous to the lateral expansion in the permit to
install application:

When evaluating a permit to install application that includes a
proposed contiguous lateral expansion and also includes a vertical expansion
above or below some or all of the authorized fill area, the following apply:

(i)
Evaluate the vertical expansion
component of the permit to install application in accordance with paragraph
(G)(5) of this rule, and, if it meets the criteria specified in paragraph
(G)(5) of this rule, then

(ii)
Evaluate the proposed lateral expansion component of the permit to install
application and the authorized fill area in accordance with paragraph (G)(7)(b)
of this rule.

[Comment: See diagram no. 3 in appendix I of this rule. If the
vertical expansion component does not meet the criteria specified in paragraph
(G)(5) of this rule, then the applicant may consider revising the application
to meet the requirements specified in paragraph (G)(7)(b) of this rule. A final
denial decision on this voluntary permit does not alter the filling approved in
the authorized fill area.]

The limits of solid waste placement of the industrial solid
waste landfill facility are not located within one thousand feet of or within
any of the following areas, in existence on the date of receipt of the permit
to install application by Ohio EPA:

(d)
Any property
that lies within the boundaries of a national park or recreation area but that
has not been acquired or is not administered by the secretary of the United
States department of the interior.

The one-thousand-foot setback from the limits of solid waste
placement does not apply if the applicant obtains a written authorization from
the owner(s) and the designated authority of the areas designated in paragraph
(H)(1) of this rule to locate the limits of solid waste placement within one
thousand feet. Such authorizations must be effective prior to the issuance date
of the permit.

[Comment: Pursuant to division (M) of section
3734.02 of the Revised Code, the
limits of solid waste placement cannot be located within these areas.] If the
industrial solid waste landfill facility is located within a park or recreation
area and exclusively disposes of wastes generated within the park or recreation
area, this paragraph shall not apply.

The industrial solid waste landfill facility is not located in
a sand or gravel pit where the sand or gravel deposit has not been completely
removed.

For the purposes of this paragraph, a sand or gravel pit is an
excavation resulting from a mining operation where the removal of sand or
gravel is undertaken for use in another location or for commercial sale. This
term does not include excavations of sand or gravel resulting from the
construction of the industrial solid waste landfill facility.

The industrial solid waste landfill facility is not located in
a limestone quarry or sandstone quarry.

For the purposes of this paragraph, a limestone or sandstone
quarry is an excavation resulting from a mining operation where limestone or
sandstone is the principal material excavated for use in another location or
for commercial sale. This term does not include excavations of limestone
resulting from the construction of the industrial solid waste landfill
facility.

The industrial solid waste landfill facility is not located
above an aquifer declared by the federal government under the Safe Drinking
Water Act, 42 U.S.C
300f et seq. (2003), to be a sole source
aquifer prior to the date of receipt of the permit to install application by
Ohio EPA.

The industrial solid waste landfill facility is not located
above an unconsolidated aquifer system capable of sustaining a yield of one
hundred gpm for a twenty-four-hour period to an existing or future water supply
well located within one thousand feet of the limits of solid waste placement of
the industrial solid waste landfill facility.

The isolation distance between the uppermost aquifer system and
the bottom of the recompacted soil liner of a industrial solid waste landfill
facility is not less than fifteen feet of in-situ or added geologic material
constructed in accordance with rule
3745-29-08 of the Administrative
Code.

The limits of solid waste placement of the industrial solid
waste landfill facility and any temporary or permanent leachate ponds or
lagoons are not located within the surface and subsurface areas of either of
the following:

(i)
Surrounding an
existing or proposed public water supply well through which contaminants may
move toward and may reach the public water supply well through underground
geologic or man-made pathways within a period of five years.

For purposes of this paragraph, a proposed public water supply
well is a well for which plans have been submitted to Ohio EPA for inclusion in
a public water supply system on, or before, the date the permit to install
application was received by Ohio EPA for which a final denial has not been
issued.

(ii)
A wellhead
protection area or drinking water source protection area for a public water
system using ground water.

For purposes of this paragraph, a wellhead protection area
includes areas near or surrounding a public water supply well or well field as
delineated by the owner or operator of the public water supply well or well
field and endorsed by Ohio EPA. For purposes of this paragraph, a drinking
water source protection area for a public water system using ground water
includes areas near or surrounding a public water supply well or well field as
delineated by Ohio EPA. For the purposes of this paragraph, the prohibition
against siting in a drinking water source protection area for a public water
system using ground water shall not be effective until a map of the delineated
area is sent by Ohio EPA and received by the owner or operator of the relevant
public water supply well or well field.

[Comment: Information on wellhead protection areas and a
drinking water source protection area for a public water system using ground
water may be obtained from Ohio EPA's division of drinking and ground waters.]

The industrial solid waste landfill facility is not located
within an area of potential subsidence due to an underground mine or within the
angle of draw of an underground mine in existence on the date of receipt of the
permit to install application by Ohio EPA unless the potential impact to the
facility due to subsidence is minimized.

[Comment: Removal or filling of the mines is an acceptable
method for minimizing the potential for subsidence.]

The limits of solid waste placement of the industrial solid
waste landfill facility are not located within one thousand feet of a water
supply well or a developed spring in existence on the date the permit to
install application was received by Ohio EPA, unless one or more of the
following conditions are met:

(i)
The
water supply well or developed spring is controlled by the owner or operator of
the industrial solid waste landfill facility and provided the following:

(a)
The water supply well or developed spring
is needed as a source of nonpotable water in order to meet the requirements of
the approved permit.

(c)
The water supply well or developed spring
is constructed to prevent contamination of the ground water.

(ii)
The water supply well or
developed spring is at least five hundred feet hydrogeologically upgradient of
the limits of solid waste placement of the industrial solid waste landfill
facility and the applicant demonstrates that the potential for migration of
landfill gas to that well or developed spring is minimized.

[Comment: If the applicant does not meet the demonstration,
then the limits of solid waste placement must be located at least one thousand
feet hydrogeologically downgradient of the water supply well or developed
spring.]

[Comment: Constructing a landfill with a composite bottom liner
system or an active gas management system is an acceptable means to minimize
the potential for gas migration.]

(iii)
The water supply well or developed
spring is separated from the limits of solid waste placement of the industrial
solid waste landfill facility by a hydrogeologic barrier.

(iv)
The water supply well or developed
spring was constructed and is used solely for monitoring ground water quality.

For the purposes of this paragraph, a developed spring is any
spring that has been permanently modified by the addition of pipes or a
collection basin to facilitate the collection and use of the spring water.

The limits of solid waste placement of the industrial solid
waste landfill facility are not located within one thousand feet of the
following, that are in existence on the date of receipt of the permit to
install application by Ohio EPA:

(i)
Areas designated by the Ohio department of natural resources as either a state
nature preserve including all lands dedicated under the Ohio natural areas law,
a state wildlife area, or a state wild, scenic or recreational river.

(ii)
Areas designated, owned, and
managed by the Ohio historical society as a nature preserve.

(iii)
Areas designated by the United States
department of the interior as either a national wildlife refuge or a national
wild, scenic or recreational river.

(iv)
Areas designated by the United States
forest service as either a special interest area or a research natural area in
the Wayne national forest.

(v)
Stream segments designated by Ohio EPA as either a state resource water, a
coldwater habitat, or an exceptional warmwater habitat.

[Comment: Stream segments designated as state resource waters
may include some wetlands. Those wetlands that do not meet this designation are
addressed in paragraph (H)(4)(d) of this rule.]

The limits of solid waste placement of the industrial solid
waste landfill facility are not located within one thousand feet of a domicile,
whose owner has not consented in writing to the location of the industrial
solid waste landfill facility, in existence on the date of receipt of the
permit to install application by Ohio EPA.

The limits of solid waste placement of the industrial solid
waste landfill facility are not located within two hundred feet of areas
determined by Ohio EPA or the United States army corps of engineers to be a
stream, lake, or wetland.

(5)
The industrial solid waste landfill
facility is not located in a floodway, and the limits of solid waste placement
and the leachate management system of the industrial solid waste facility are
not locate in a regulatory flood plain.

[Comment: Pursuant to division (A) or (G) of section
3734.02 of the Revised Code, an
applicant may request a variance or exemption from any of the siting criteria
contained in this rule. However, pursuant to division (M) of section
3734.02 of the Revised Code, the
director shall not issue a permit, variance or exemption that authorizes a new
industrial solid waste landfill facility, or an expansion of an existing
industrial solid waste landfill facility, within the boundaries of the areas
indicated in paragraph (H)(1) of this rule.]

(A)
Applicability. The construction
requirements for an industrial solid waste landfill facility specified in this
rule are applicable to a particular facility or permit to install application
as specified in rules
3745-29-06,
3745-29-07,
3745-29-11, and
3745-29-19 of the administrative
code.

[Comment: The construction requirements specified in this rule
represent the minimum standards that must be met by all industrial solid waste
landfill facilities. Authorizing documents such as permits to install also
establish construction requirements, but they may be different than the rule
requirements based on site specific factors. Since the authorizing document
must meet, at a minimum, the requirements in this rule, if there are
differences between the requirements in this rule and the authorizing document
for the facility, the compliance standard shall be based on the authorizing
document. The owner or operator is required to comply with the approved
authorizing documents unless changes are required by specific references in
this rule or other applicable rules or authorized by a director's action.]

(B)
Engineered components
for industrial solid waste landfill facilities. The owner or operator shall
incorporate the following engineered components in the design and construction
of an industrial solid waste landfill facility:

(1)
All industrial solid waste landfill
facilities, at a minimum, shall include the following:

(C)
General design criteria. The
objective of the design for any engineered component or system of components
shall be to meet or exceed the specifications for design, construction and
quality assurance testing required in paragraph (d) of this rule along with the
following general design criteria:

(a)
Serve as a barrier to prevent the
discharge of any leachate to ground or surface waters.

(b)
For new facilities or lateral expansions
of existing facilities, the composite liner system shall have at least a 2.0
percent slope in all areas, except along flow lines augmented by leachate
collection pipes, after accounting for one hundred percent of the primary
consolidation settlement and the secondary consolidation settlement of the
compressible materials beneath the facility which includes, as applicable,
in-situ soil, added geologic material, structural fill material, and
recompacted soil liner.

For the purposes of this paragraph, secondary settlement shall
be calculated using a one hundred year time frame or another time frame
acceptable to the director.

(c)
For existing facilities where an owner or
operator proposes to vertically expand over a composite liner system that was
constructed after December 31, 2003, the slope of the existing composite liner
system located beneath the vertical expansion shall meet the design standard in
paragraph (c)(1)(b) of this rule.

[comment: when initially designing and constructing a composite
liner system, a conservative approach may be necessary to account for further
settlement of the underlying materials caused by any potential vertical
expansion above the initial design.]

[comment: an owner or operator may revise the applicable
authorizing document(s) or modify the facility, with Ohio EPA approval, to meet
the design standard in paragraph (c)(1)(b) of this rule.]

(d)
For existing facilities where an owner or
operator proposes to vertically expand over a composite liner system that was
constructed before December 31, 2003, the owner or operator shall demonstrate
to the director that the existing composite liner system located beneath the
vertical expansion maintains, at a minimum, positive drainage in the leachate
collection system and has no more than one foot of head of leachate after
accounting for the additional waste and one hundred percent of the primary
consolidation settlement and the secondary consolidation settlement of the
compressible materials beneath the facility which includes, as applicable,
in-situ soil, added geologic material, structural fill material, and
recompacted soil liner.

For the purposes of this paragraph, secondary settlement shall
be calculated using a one hundred year time frame or another time frame
acceptable to the director.

(2)
The
separatory liner/leachate collection system shall be designed to do the
following:

(a)
Serve as a barrier to direct
all leachate from new waste placement into the leachate collection system
associated with the vertical expansion and to manage any explosive gas
generated from the waste placement below the barrier.

(b)
Have at least a 10.0 percent constructed
grade in all areas except along flow lines augmented by leachate collection
pipes, or have some other minimum slope based on a design acceptable to the
director.

(d)
The
leachate collection and management system portion of the separatory liner shall
be designed to limit the level of leachate to a maximum of one foot on the
separatory liner throughout the operation and post closure of the facility.

(e)
Include a combination of
engineered components as listed in paragraph (b)(2)(f) of this rule that will
function throughout the operational life and post closure period of the
landfill. Alternative specifications to those included in paragraph (d) of this
rule may be proposed in any new permit or permit modification.

(f)
Minimize the amount of waste filled
beneath the separatory liner system needed to obtain the required minimum
slope.

(3)
The leachate
collection and management system shall be designed to do the following:

(a)
Any components located outside of the
limits of solid waste placement shall be no less protective of the environment
than the industrial solid waste landfill facility by complying with this
paragraph.

(b)
The selection and
specifications for the materials that will make up the leachate collection
layer shall be protective of the flexible membrane liner or the design must
include a liner cushion layer.

(c)
Limit the level of leachate in areas other than sumps to a maximum of one foot
throughout the operation and post closure of the facility.

For the purposes of this rule, a sump is an excavated
depression of limited size that serves as a collection and transfer point for
leachate.

(d)
Have at
least a 0.5 percent grade for the leachate collection pipes after accounting
for one hundred percent of the primary consolidation settlement and ninety-five
percent of the secondary consolidation settlement of the compressible materials
beneath the facility which includes, as applicable, in-situ soil, added
geologic material, structural fill material, and recompacted soil liner.

For the purposes of this paragraph, secondary settlement shall
be calculated using a one hundred year time frame or another time frame
acceptable to the director.

(e)
Provide
protection for all composite cap system components from the effects of the
formation of landfill gas.

(5)
If applicable, the design of the
explosive gas control system may utilize a passive venting system or an active
extraction system to satisfy air pollution control requirements and shall be
designed to maintain explosive gas concentrations below the explosive gas
threshold limits. For each permanent or temporary explosive gas monitor, the
explosive gas threshold limit is either one hundred percent of the lower
explosive limit at the facility boundary, or twenty five percent of the lower
explosive limit in structures within the facility's boundary.

(6)
The design of all geosynthetic materials
specified in the engineered components, including but not limited to, flexible
membrane liners, geosynthetic clay liners, and geosynthetic drainage nets,
shall not rely on any of the tensile qualities of these geosynthetic
components.

(7)
The design for the
stability of all engineered components and the waste mass shall address any
configuration throughout the applicable developmental and post closure periods.
Potential failures associated with internal, interim and final slopes as these
slopes are defined in rule
3745-29-06 of the administrative
code, shall be used to define the minimum construction specifications and
materials that, at a minimum, will meet the following:

(a)
The factor of safety for hydrostatic
uplift shall not be less than 1.40 at any location during the construction and
operation of the facility.

(b)
The
factor of safety for bearing capacity of any vertical sump risers on the
composite liner system shall not be less than 3.0.

(c)
The factor of safety for static slope
stability shall not be less than
1.50 using two dimensional limit
equilibrium methods or another factor of safety using a method acceptable to
the director when assessed for any of the following failure modes and
conditions:

(i)
Deep-seated translational and
deep-seated rotational failure mechanisms of internal slopes, interim slopes,
and final slopes for drained conditions and as applicable conditions
representing the presence of excess pore water pressure at the onset of loading
or unloading. For slopes containing geosynthetic interfaces placed at grades
greater than 5.0 percent, residual shear strength conditions shall be used for
any soil to geosynthetic or geosynthetic to geosynthetic interfaces.

[Comment: Ohio EPA considers any failure that occurs through a
material or along an interface that is loaded with more than one thousand four
hundred forty pounds per square foot to be a deep seated failure mode.]

[Comment: Peak shear strengths can be used for most shallow
failure modes.]

(d)
The factor of safety for seismic slope
stability shall not be less than 1.00 using two or three dimensional limit
equilibrium methods, or another factor of safety using a method acceptable to
the director when assessed for any of the following failure modes and
conditions:

(i)
Deep-seated translational and
deep-seated rotational failure mechanisms of final slopes for drained
conditions and as applicable conditions representing the presence of excess
pore water pressure at the onset of loading or unloading. For slopes containing
geosynthetic interfaces placed at grades greater than 5.0 percent, residual
shear strength conditions shall be used for any soil to geosynthetic or
geosynthetic to geosynthetic interfaces.

If required by the director, deep-seated translational and
deep-seated rotational failure mechanisms of interim and internal slopes for
drained conditions and as applicable conditions representing the presence of
excess pore water pressure at the onset of loading or unloading. For slopes
containing geosynthetic interfaces placed at grades greater than 5.0 percent,
residual shear strength conditions shall be used for any soil to geosynthetic
or geosynthetic to geosynthetic interfaces.

(e)
The factor of
safety against liquifaction shall not be less than 1.00 for internal slopes,
interim slopes and final slopes.

(f)
The factor of safety for static slope
stability shall not be less than
1.10 using two dimensional limit
equilibrium methods or other methods acceptable to the director when assessed
for any of the following failure modes and conditions:

(i)
If required by the director, shallow
translational and shallow rotational failure mechanisms of internal slopes in
which the protective soils over the leachate collection layer have reached
field capacity. Calculations shall use the maximum head predicted for the fifty
year, one hour design storm.

(ii)
Shallow translational and shallow rotational failure mechanisms of final slopes
in which the cover soils over the drainage layer have reached field capacity.
Calculations shall use the maximum head predicted for the one hundred year, one
hour design storm.

[Comment: The number of digits after the decimal point
indicates that rounding can only occur to establish the last digit. For
example, 1.485 can be rounded to
1.49, but not 1.5 or
1.50.]

(D)
Design,
construction and testing specifications. The owner or operator shall meet or
exceed the following specifications in the design, construction, and quality
assurance testing of all engineered components of an industrial solid waste
landfill facility.

[Comment: The order of the engineered components in this
paragraph reflects a logical bottom to top or a typical construction sequencing
approach. Reporting requirements will be dependent on which engineered
components are being certified. In general, a test pad certification report
submitted to Ohio EPA for written concurrence may be used repeatedly in future
construction certifications provided the soil properties of the borrow soil
remain the same. Pre-construction testing results for borrow soils or shear
strength testing results for geosynthetic components may be submitted as often
as necessary during the construction process to allow for their continued use.
A single construction certification report for each construction project shall
be submitted in accordance with rule
3745-29-19 of the administrative
code to Ohio EPA for written concurrence with all quality assurance testing and
for approval of all alterations that are included in the certification report.]

(1)
For survey marks: At least three
permanent survey marks, with each located on separate sides of the proposed
sanitary landfill facility, shall be established prior to any construction and
within easy access to the limits of solid waste placement in accordance with
the following:

(a)
Survey marks shall be
referenced horizontally to the "1927 North American Datum," "1983 North
American Datum," or "State Plane Coordinate System" and vertically to the "1929
or 1988 North American Vertical Sea Level Datum" as identified on the 7.5
minute series quadrangle sheets published by the United States geological
survey.

(b)
Survey marks shall be
at least as stable as a poured concrete monument ten inches in diameter
installed to a depth of forty-two inches below the ground surface. Each
constructed survey mark shall include a corrosion resistant metallic disk which
indicates horizontal and vertical coordinates of the survey mark and shall
contain a magnet or ferromagnetic rod to allow identification through magnetic
detection methods.

(c)
Survey
control standards for the survey marks shall be in accordance with the
following:

(i)
For the first facility survey
mark established from the known control point, minimum horizontal distance
accuracy shall be one foot horizontal to two thousand five hundred feet
horizontal.

(ii)
For each facility
survey mark established from the first facility survey mark, minimum horizontal
accuracy shall be one foot horizontal distance to five thousand feet
horizontal.

(iii)
For the first
facility survey mark established from the known control point and for each
facility survey mark established from the first facility survey mark, minimum
vertical accuracy shall be one inch to five thousand feet horizontal.

[Comment: Certification of the establishment of survey marks
should follow the requirements in paragraph (h)(6) of this rule.]

(2)
For
surface water control structures: surface water run-on and run-off control
structures shall comply with the following:

(ii)
The scheduled frequency of pond
clean-out, that shall be no more often than once per year, multiplied by 0.125
acre-feet per year for each acre of disturbed area within the upstream drainage
area.

(c)
The inlet elevation of the emergency
spillway shall provide flood storage with no flow entering the emergency
spillway while allowing flow through the principal spillway during a
twenty-five year/twenty-four hour storm event.

(d)
The combination of principal and
emergency spillways shall safely discharge the flow from a one hundred
year/twenty-four hour storm event using non-mechanical means.

(e)
The embankment design shall provide for
no less than one foot net freeboard when flow is at the design depth, after
allowance for embankment settlement.

(4)
For permanent ground water control
structures: permanent ground water control structures shall adequately control
ground water infiltration through the use of non-mechanical means such as
impermeable barriers or permeable drainage structures. However, no permanent
ground water control structures may be used to dewater an aquifer system,
except if the recharge and discharge zone of the aquifer system are located
entirely within the boundary of the industrial solid waste landfill facility.

(5)
For the in-situ foundation:
the unconsolidated or consolidated stratigraphic units that make up the in-situ
foundation shall comply with the following:

(e)
Be determined
to have adequate strength to satisfy bearing capacity and slope stability
strength requirements.

(f)
Have
quality control testing of any stratigraphic units that have not been
anticipated and that are more susceptible to slope failure than the
stratigraphic units that were tested and reported in the permit to install.
This testing shall be in accordance with the following:

[Comment: Record drawings for the bottom of recompacted soil
liner are required in the certification report. All necessary surveying should
be completed before beginning construction of the recompacted soil liner.]

(6)
For structural fill: rock fills or soil fills for a structural berm or subbase
shall comply with the following:

(d)
Not
have any abrupt changes in grade that may result in damage to the composite
liner system.

(e)
For soil fills,
have pre-construction testing of the borrow soils performed on representative
samples to determine the maximum dry density and optimum moisture content
according to ASTM D698-00A (standard proctor), or astm D1557-00 (modified
proctor) at a frequency of no less than once for every ten thousand cubic
yards.

(f)
Be constructed in lifts
to achieve uniform compaction of soil fills. Each lift shall comply with the
following:

(ii)
Be
compacted to at least ninety five percent of the maximum dry density as
determined by astm D698-00A (standard proctor) or at least ninety percent of
the maximum dry density as determined by ASTM D1557-00 (Modified proctor).

(g)
Be determined to
have adequate strength to satisfy bearing capacity and slope stability strength
requirements.

(h)
Have quality
control testing of the soil fills on the constructed lifts performed to
determine the density and moisture content according to ASTM D2922-01 and ASTM
D3017-01 (nuclear methods), astm D1556-00 (sand cone), ASTM D2167-94 (rubber
balloon) or other methods acceptable to the director or his authorized
representative at a frequency of no less than five tests per acre per lift. The
locations of the individual tests shall be adequately spaced to represent the
constructed area.

(d)
The soil shall have low
permeability, good compactability, cohesiveness, relatively uniform texture,
and shall not contain large objects in such quantities as may interfere with
its application and intended purpose. The soil shall be a well-compacted loam,
silt loam, clay loam, silty clay loam, silty clay or other soil types that can
achieve the intended purpose.

(e)
Not have any abrupt changes in grade that may result in damage to the composite
liner system.

(f)
Have
pre-construction testing of the borrow soils performed on representative
samples to determine the following:

(i)
The
maximum dry density and optimum moisture content according to ASTM D698-00A
(standard proctor), or ASTM D1557-00 (modified proctor) at a frequency of no
less than once for every ten thousand cubic yards.

(ii)
The recompacted laboratory permeability
using ASTM D5084-00E1 (falling head) at a frequency of no less than once for
every ten thousand cubic yards.

(iii)
The grain size distribution according
to ASTM D422-63 (sieve and hydrometer) at a frequency of no less than once for
every three thousand cubic yards.

(g)
Be constructed in lifts to achieve
uniform compaction. Each lift shall comply with the following:

(ii)
Be
constructed of a soil with a maximum clod size that does not exceed the lift
thickness.

(iii)
Be compacted to
at least ninety five percent of the maximum dry density as determined by ASTM
D698-00A (standard proctor) or at least ninety percent of the maximum dry
density as determined by ASTM D1557-00 (modified proctor).

(iv)
Be placed with a soil moisture content
that shall not be less than two percent below or more than four percent above
the optimum moisture content as determined by ASTM D698-00A or ASTM D1557-00.

(v)
Have a maximum permeability of
one times ten to the negative five Centimeters per second (1 X 10-5cm/sec).

(h)
Be determined to
have adequate strength to satisfy bearing capacity and slope stability strength
requirements.

(i)
Have quality
control testing of the constructed lifts performed to determine the density and
moisture content according to ASTM D2922-01 and astm D3017-01 (nuclear
methods), ASTM D1556-00 (sand cone), astm D2167-94 (rubber balloon) or other
methods acceptable to the director or his authorized representative at a
frequency of no less than five tests per acre per lift. The locations of the
individual tests shall be adequately spaced to represent the constructed area.
Any penetrations shall be repaired using bentonite.

(i)
An alternate thickness, to be no
less than three feet, based on the result of the calculations outlined in
Appendix I of this rule.

(ii)
Three feet thick if used in conjunction with a geosynthetic clay liner that
meets the specifications in paragraph (d)(9) of this rule.

(iii)
An alternate thickness, to be no less
than one and one-half feet thick, based on the results of the calculations
outlined in Appendix I of this rule if used in conjunction with a geosynthetic
clay liner that meets the specifications in paragraph (d)(9) of this rule.

(iv)
Two feet thick for the
recompacted soil liner component of a separatory liner/leachate collection
system.

(e)
Not have any
abrupt changes in grade that may result in damage to the geosynthetics.

(f)
Have pre-construction testing
of the borrow soils performed on representative samples and the results
submitted to the appropriate Ohio EPA district office no later than seven days
prior to the intended use of the material in the construction of the
recompacted soil liner. The pre-construction testing shall determine the
following:

(i)
The maximum dry density and
optimum moisture content according to ASTM D698-00A (standard proctor), or astm
D1557-00 (modified proctor) at a frequency of no less than once for every one
thousand five hundred cubic yards.

(ii)
The grain size distribution according to
ASTM D422-63 (sieve and hydrometer) at a frequency of no less than once for
every one thousand five hundred cubic yards.

(iii)
The atterberg limits according to ASTM
D4318-00 at a frequency of no less than once for every one thousand five
hundred cubic yards.

(iv)
The
recompacted laboratory permeability according to astm D5084-00E1 (falling head)
at a frequency of no less than once for every ten thousand cubic yards.

(g)
Be constructed in
lifts to achieve uniform compaction. Each lift shall include the following:

(i)
Be constructed with qualified soils and
the corresponding construction details established by written concurrence from
Ohio EPA with the test pad certification report required by paragraph (e) of
this rule and the following specifications or an alternative to qualifying
soils with a test pad if it is demonstrated to the satisfaction of the director
or his authorized representative that the materials and techniques will result
in each lift having a maximum permeability of 1 X 10-7cm/sec and the following
specifications:

(b)
With a maximum
clod size of three inches or half the lift thickness, whichever is less.

(c)
With one hundred percent of the
particles having a maximum dimension not greater than two inches.

(d)
With not more than ten percent of the
particles, by weight, having a dimension greater than 0.75 inches.

(ii)
Be compacted to at least
ninety five percent of the maximum dry density as determined by ASTM d698-00A
(standard proctor) or at least ninety percent of the maximum dry density as
determined by ASTM D1557-00 (modified proctor) or an alternative compaction
specification approved by the director.

(iii)
Be placed with a minimum soil moisture
content that shall not be less than the optimum moisture content as determined
by ASTM D698-00A or ASTM D1557-00 or an alternative soil moisture content
specification approved by the director.

(iv)
Have a maximum permeability of one times
ten to the negative seven centimeters per second (1 X 10-7cm/sec).

(h)
Be adequately
protected from damage due to desiccation, freeze/thaw cycles, wet/dry cycles,
and the intrusion of objects during construction and operation.

(i)
Be determined to have adequate strength
to satisfy bearing capacity and slope stability strength requirements.

(j)
Have quality control testing
of the constructed lifts performed to determine the density and moisture
content according to ASTM D2922-01 and ASTM D3017-01 (nuclear methods), ASTM
D1556-00 (sand cone), ASTM D2167-94 (rubber balloon), or other methods
acceptable to the director or his authorized representative at a frequency of
no less than five times per acre per lift. The locations of the individual
tests shall be adequately spaced to represent the constructed area. Any
penetrations shall be repaired using bentonite.

(9)
For geosynthetic clay liners: a
geosynthetic clay liner used in lieu of part of the recompacted soil liner
pursuant to paragraph (d)(8) of this rule, or in lieu of the recompacted soil
barrier layer, pursuant to paragraph (d)(21) of this rule, shall comply with
the following:

(b)
Have a dry
bentonite mass per unit area of at least 0.75 pounds per square foot at zero
percent moisture content.

(c)
Have
pre-construction testing of the geosynthetic clay liner material performed on
representative samples and the results submitted to the appropriate Ohio EPA
district office no later than seven days prior to the intended use of the
material. The pre-construction testing shall determine:

(i)
The internal drained shear strength using
ASTM D6243-98 (direct shear test) at least twice for the initial use and at
least once for each subsequent construction event. Tests involving geosynthetic
clay liner material shall be conducted with hydrated samples.

[Comment: If a shear stress point plots below the mohr-coulomb
shear strength failure envelope defined by the required factor of safety, it
will be considered a failed test.]

(ii)
The dry bentonite mass (at zero percent
moisture content) per square foot of geosynthetic clay liners according to ASTM
D5993-99 at a frequency of no less than once per fifty thousand square feet.

(iii)
The interface shear strength
according to paragraph(g) of this rule.

(i)
To allow no more than negligible amounts
of leakage by a minimum overlap of six inches, or, for end-of-panel seams, a
minimum overlap of twelve inches. Overlap shall be increased in accordance with
manufacturer's specifications or to account for shrinkage due to weather
conditions.

(ii)
In accordance
with the manufacturer's specifications in regards to handling and the use of
granular or powdered bentonite to enhance bonding at the seams.

(iii)
Above the recompacted soil liner when
used in liner systems or above an engineered subbase pursuant to Paragraph
(D)(22) of this rule when used in cap systems. Geosynthetic clay liners without
internal reinforcement shall not be used in areas beneath leachate collection
piping, in sump areas, or on any slope with a grade that is steeper than ten
percent.

(iv)
On a surface that
shall not have any sharp edged protrusions or any particles protruding more
than one quarter of one inch.

(a)
Be, at a minimum, a sixty mil high
density polyethylene (hdpe) geomembrane for composite liner systems or be, at a
minimum, a forty mil geomembrane for composite cap systems or other materials
and/or thicknesses acceptable to the director.

(b)
Be physically and chemically resistant to
attack by the solid waste, leachate, or other materials that may come in
contact with it using u.s. EPA method 9090 or other documented data.

(c)
Have pre-construction interface testing
performed according to paragraph (g) of this rule.

(d)
Be placed above and in direct and uniform
contact with the recompacted soil liner or the recompacted soil barrier layer
or the geosynthetic clay liner.

(e)
Be seamed to allow no more than
negligible amounts of leakage; the seaming material shall be physically and
chemically resistant to chemical attack by the solid waste, leachate, or other
materials that may come in contact with the seams.

(f)
Have quality control testing in
accordance with the following, unless the manufacturer's specifications for
testing are more stringent, in which case the manufacturer's specifications
shall be used:

(i)
For the purpose of testing
every seaming apparatus in use each day, peel tests according to an appropriate
method shall be performed on scrap pieces of flexible membrane liner when an
apparatus is started, operators change, an apparatus is restarted, or at the
beginning of each seaming period.

(ii)
Nondestructive testing shall be
performed on one hundred percent of the flexible membrane liner seams.

(iii)
Destructive testing for peel
according to the appropriate ASTM method shall be performed on randomly
selected samples at a frequency of no less than once per five hundred feet of
seam completed by a particular seaming apparatus. An alternate means may be
used if it is demonstrated to the satisfaction of the director or his
authorized representative that the alternate means meets the requirements of
this paragraph.

(11)
For the liner cushion layer: the liner
cushion layer shall be placed above the flexible membrane liner and protect it
from damage that may be caused by construction materials and activities and
have pre-construction interface testing performed according to paragraph (g) of
this rule.

(12)
For the leachate
collection layer: the leachate collection layer shall be placed above the
composite liner system which may be protected by the cushion layer and shall
comply with the following:

(a)
Be comprised
of granular materials that meet the following requirements:

(vi)
An
alternate material and/or thickness may be used provided that it is
demonstrated to the satisfaction of the director or his authorized
representative that the material meets the requirements of this paragraph. The
appropriate quality control testing and frequency of testing needs to be
approved by Ohio EPA prior to use.

(b)
A geosynthetic drainage net used in lieu
of a granular drainage layer shall meet the following requirements:

(i)
Have a minimum transmissivity to ensure
that the leachate collection system meets the one foot of head of leachate
requirement of this rule. The transmissivity shall be adjusted for elastic
deformation, creep deformation, biological clogging, and chemical clogging by
using the appropriate reduction factors.

(ii)
The composite liner system must be
protected from the intrusion of objects during construction and operation by at
least twelve inches of permeable material acceptable to the director.

(iii)
Have quality control testing
for transmissivity using ASTM D4716-01 AT the maximum projected load and a
frequency of once per fifty thousand square feet.

(iv)
Any geosynthetic materials shall have
pre-construction interface testing performed according to paragraph (g) of this
rule.

(b)
Be designed
not to crush or deform under expected maximum loads and settlement to an extent
where the crushing or deformation negatively impacts the performance of the
leachate collection and management system.

If an owner or operator is proposing a vertical expansion over
areas that have leachate collection pipes in place, the leachate collection
pipes will be re-evaluated and this performance standard shall be applied to
allow for any additional loads or settlement from the vertical expansion. A
conservative design may be needed initially to prepare for any possible future
expansion.

(c)
Be provided
with access for clean-out devices which shall be protected from differential
settling.

(d)
Have lengths and
configurations that shall not exceed the capabilities of clean-out devices.

(f)
Be physically and
chemically resistant to attack by the solid waste, leachate, or other materials
with which they may come into contact. Sealing material and means of access for
cleanout devices shall also be resistant to physical and chemical attack by the
solid waste, leachate, or other materials with which they may come into
contact.

(g)
An alternative to
leachate collection pipes may be used if it is demonstrated to the satisfaction
of the director or his authorized representative that the means for leachate
transport meet the requirements of this paragraph.

(14)
For filter layers: the filter layer of
the leachate collection and management system shall comply with the following:

(b)
Be designed to minimize clogging of the
leachate collection layer, leachate collection pipes, and sumps.

(15)
For sumps: the leachate
collection and management system shall incorporate an adequate number of sumps
that shall comply with the following:

(a)
Be
protected from adverse effects from leachate and differential settling.

(b)
Be equipped with automatic
high level alarms located no greater than one foot above the top elevation of
the sump.

(16)
For
leachate conveyance apparatus: the leachate collection and management system
shall incorporate adequate measures that will automatically remove leachate
from the landfill to the leachate storage tank(s), a permitted discharge to a
public sewer, or a permitted waste water treatment system to facilitate the
transfer of leachate from the storage tank(s) for the purpose of disposal. Any
leachate conveyance apparatus located outside of the limits of solid waste
placement shall comply with the following:

(a)
Be monitored, as required by the director
or his authorized representative.

(c)
Be protected from the effects
of freezing temperatures, crushing, or excess deflection.

(17)
For leachate storage tanks: leachate
storage tanks shall have adequate storage capacity to receive the anticipated
amount of leachate removed during normal operations from the leachate sumps to
maintain a maximum one foot of head and at a minimum have at least one week of
storage capacity using design assumptions simulating final closure completed in
accordance with rule
3745-29-11 of the administrative
code. Any leachate storage tanks located outside of the limits of solid waste
placement shall be monitored, as required by the director or his authorized
representative, and include one of the following:

(a)
For above ground leachate storage tanks
be provided with spill containment no less than one hundred ten percent of the
tank volume.

(b)
For underground
leachate storage tanks, be double cased with a witness zone.

(18)
For access roads: all access
roads used for waste hauling that are constructed within the horizontal limits
of waste placement shall comply with the following:

(b)
Be designed to be
stable and to prevent damage to the liner or cap systems caused by the effects
of traffic loading and braking or any other action.

(19)
For transitional covers: within sixty
days of a portion of the facility reaching final elevations, transitional
cover, as specified in rule
3745-29-19 of the administrative
code, shall be installed and comply with the following:

(a)
A twenty-four inch thick layer of soil
that shall be nonputrescible and have low permeability, good compactability,
cohesiveness, and relatively uniform texture, and shall not contain large
objects in such quantities as may interfere with its application and intended
purpose. The soil shall be a well-compacted loam, silt loam, clay loam, silty
clay loam, silty clay or other soil types that can achieve the intended
purpose.

(b)
The soil shall be of
sufficient thickness and fertility to support vegetation and shall be seeded as
soon as practicable. Healthy grasses or other vegetation shall form a complete
and dense vegetative cover within one year of soil placement.

(c)
In preparation for construction of the
final cap system in accordance with this paragraph, the transitional cover
shall be partially or completely removed or otherwise prepared as necessary for
construction of the final cap system.

[Comment: The term transitional cover has replaced the term
interim final cover.]

(20)
For a gas collection system: the gas
collection system shall be installed prior to the final cap system and shall
comply with the following:

(a)
Collect and
transport gas and condensate without adversely impacting the final cap system.

(b)
Facilitate maintenance to
portions of the component without requiring the entire system to be closed
down.

[Comment: Condensate may be allowed to remain in the waste mass
provided that there is a composite liner and leachate collection system.]

(21)
For cap
soil barrier layers: design and construction of a recompacted soil barrier
layer in the composite cap system shall comply with the following:

(e)
Not have any abrupt changes in grade that
may result in damage to the geosynthetics.

(f)
Have pre-construction testing of the
borrow soils performed on representative samples and the results submitted to
the appropriate Ohio EPA district office no later than seven days prior to the
intended use of the material in the construction of the cap soil barrier layer.
The pre-construction testing shall determine the following:

(i)
The maximum dry density and optimum
moisture content according to ASTM D698-00A (standard proctor), or ASTM
D1557-00 (modified proctor) at a frequency of no less than once for every one
thousand five hundred cubic yards.

(ii)
The grain size distribution according to
ASTM D422-63 (sieve and hydrometer) at a frequency of no less than once for
every one thousand five hundred cubic yards.

(iii)
The recompacted laboratory permeability
using ASTM D5084-00E1 (falling head) at a frequency of no less than once for
every ten thousand cubic yards.

(g)
Be constructed in lifts to achieve
uniform compaction. Each lift shall:

(b)
With a maximum clod size of
three inches or half the lift thickness, whichever is less.

(c)
With one hundred percent of the particles
having a maximum dimension not greater than two inches.

(d)
With not more than ten percent of the
particles, by weight, having a dimension greater than 0.75 inches.

(e)
With at least fifty percent of the
particles, by weight, passing through the two hundred-mesh screen.

(f)
Alternative soil specifications may be
used provided that it is demonstrated to the satisfaction of the director or
his authorized representative that the materials and techniques will result in
each lift having a maximum permeability of 1 X 10-6CM/SEC.

(ii)
Be compacted to at least
ninety five percent of the maximum dry density as determined by ASTM D698-00A
(standard proctor) or at least ninety percent of the maximum dry density as
determined by ASTM D1557-00 (modified proctor) or an alternative compaction
specification approved by the director.

(iii)
Be placed with a minimum soil moisture
content that shall not be less than the optimum moisture content as determined
by ASTM D698-00A (standard proctor), or ASTM D1557-00 (modified proctor) or an
alternative moisture content specification approved by the director.

(iv)
Have a maximum permeability of one times
ten to the negative six centimeters per second (1 X 10-6cm/sec).

(h)
Be adequately
protected from damage due to desiccation, freeze/thaw cycles, wet/dry cycles,
and the intrusion of objects during construction of the cap system.

(i)
Have quality control testing of the
constructed lifts performed to determine the density and moisture content
according to ASTM D2922-01 and ASTM D3017-01 (nuclear methods), ASTM D1556-00
(sand cone), ASTM D2167-94 (rubber balloon) or other methods acceptable to the
director or his authorized representative at a frequency of no less than five
tests per acre per lift. The locations of the individual tests shall be
adequately spaced to represent the constructed area. Any penetrations shall be
repaired using Bentonite.

[Comment: If an acceptable demonstration is made that the
transitional cover can be prepared to function as a cap soil barrier layer, the
director may approve an alteration for the use of the transitional cover
materials in the demonstrated area.]

(22)
For engineered subbases: if a
geosynthetic clay liner is used in the composite cap system in accordance with
paragraph (d)(21) of this rule, it shall be placed above an engineered subbase.
Design and construction of the engineered subbase shall comply with the
following:

(a)
The thickness of the subbase
shall be sufficient to achieve an evenly graded surface and shall be a minimum
of twelve inches thick.

(d)
Not have any abrupt changes in
grade that may result in damage to the geosynthetics.

(e)
Not have any sharp edged protrusions or
any particles protruding more than one quarter of one inch.

(f)
Have pre-construction testing of the
borrow soils performed on representative samples to determine the maximum dry
density and optimum moisture content according to ASTM D698-00A (standard
proctor), or ASTM D1557-00 (modified proctor) at a frequency of no less than
once for every ten thousand cubic yards.

(g)
Be constructed in lifts to achieve
uniform compaction. Each lift shall include the following:

(b)
Be constructed
of a soil with a maximum clod size that does not exceed the lift thickness.

(ii)
Be compacted to at
least ninety five percent of the maximum dry density as determined by ASTM
D698-00A (standard proctor) or at least ninety percent of the maximum dry
density as determined by ASTM D1557-00 (modified proctor).

(h)
Have quality control testing of the
constructed lifts performed to determine the density and moisture content
according to ASTM D2922-01 and ASTM D3017-01 (nuclear methods), ASTM D1556-00
(sand cone), ASTM D2167-94 (rubber balloon) or other methods acceptable to the
director or his authorized representative at a frequency of no less than five
tests per acre per lift. The locations of the individual tests shall be
adequately spaced to represent the constructed area. Any penetrations shall be
repaired using bentonite.

[Comment: If an acceptable demonstration is made that the
transitional cover can be prepared to function as an engineered subbase, the
director may approve an alteration for the use of the transitional cover
materials in the demonstrated area.]

(23)
For cap geosynthetic clay liners: a
geosynthetic clay liner meeting the requirements of paragraph (d)(9) of this
rule shall be placed above the engineered subgrade in the composite cap system.

(24)
For cap flexible membrane
liners: a flexible membrane liner meeting the requirements of paragraph (d)(10)
of this rule shall be placed above the recompacted soil barrier layer or the
geosynthetic clay liner in the composite cap system.

(25)
For the cap drainage layers: the
drainage layer for the composite cap system shall comply with the following:

(a)
Be comprised of granular materials that
meet the following requirements:

(viii)
An
alternative material and/or thickness may be used provided it is demonstrated
to the satisfaction of the director or his authorized representative that the
material meets the requirements of this paragraph. The appropriate quality
control testing and frequency of testing needs to be approved by Ohio EPA prior
to use.

(b)
A
geosynthetic drainage net used in lieu of a granular drainage layer shall meet
the following requirements:

(i)
Have a
minimum transmissivity to ensure that the cap system meets the slope stability
requirements of this rule. The transmissivity shall be adjusted for elastic
deformation, creep deformation, biological clogging, and chemical clogging by
using the appropriate reduction factors.

(ii)
The composite liner system must be
protected from the intrusion of objects during construction.

(iii)
Have quality control testing for
transmissivity using ASTM D4716-01 at the maximum projected load and a
frequency of once per fifty thousand square feet.

(iv)
Any geosynthetic materials shall have
pre-construction interface testing performed according to paragraph (g) of this
rule.

(b)
Be a minimum
of thirty-six inches thick for facilities located in the northern tier of
counties in Ohio (williams, fulton, lucas, ottawa, erie, lorain, cuyahoga,
lake, geauga, and ashtabula counties) and thirty inches thick for facilities
located elsewhere in Ohio. The thickness of the drainage layer may be used to
satisfy the thickness requirement of the cap protection layer.

(c)
Have a maximum projected erosion rate of
five tons per acre per year.

(d)
Have sufficient fertility in the uppermost portion to support vegetation.

(ii)
In a manner
that healthy grasses or other vegetation shall form a complete and dense
vegetative cover within one year of placement.

(27)
For explosive gas control systems: an
explosive gas control system shall not compromise the integrity of the cap
system, the leachate management system, or the composite liner system, and
shall comply with the following:

(E)
Test pad construction and certification.
The construction of the recompacted soil liner shall be modeled by an approved
test pad. The test pad shall determine the construction details required to
achieve the permeability standard for recompacted soil liners and shall
establish a set of parameters for certification of the soils to be used in the
construction of the recompacted soil liner. Test pad construction and
certification shall comply with the following:

(1)
Be designed such that the proposed tests
are appropriate and the results of each test are valid.

(2)
Have an area large enough to perform
valid field permeability testing and a minimum width three times the width of
compaction equipment, and a minimum length two times the length of compaction
equipment, including power equipment and any attachments.

(ii)
The minimum
soil moisture content that shall not be less than the optimum moisture content
as determined by ASTM D698-00A or ASTM D1557-00.

(iii)
The minimum soil dry density that shall
not be less than ninety five percent of the maximum "standard proctor density"
using ASTM D698-00A or at least ninety percent of the maximum "modified proctor
density" using ASTM D1557-00.

(iv)
The specific type and weight of compaction equipment manufactured for the
purpose of compacting cohesive soils.

(v)
The minimum number of passes of the
compaction equipment. For the purpose of this rule, one pass is defined as a
single contact of the compactor over an area.

(a)
With new borrow soil as many times as
necessary to meet the permeability requirement.

(b)
Whenever there is a significant change in
soil material properties.

(c)
Whenever the owner or operator would like to amend the construction details.

(7)
Have quality
control testing of the constructed lifts performed to determine the density and
moisture content according to ASTM D2922-01 and ASTM D3017-01 (nuclear
methods), ASTM D1556-00 (sand cone), ASTM D2167-94 (rubber balloon) or other
methods acceptable to the director or his authorized representative at a
frequency of no less than three tests per lift. The locations of the individual
tests shall be adequately spaced to represent the constructed area. Any
penetrations shall be repaired using bentonite.

(8)
Have post-construction testing performed
for field permeability using one of the following:

(d)
Other methods acceptable to the director
or his authorized representative.

(9)
Be described in a certification report,
signed and sealed by a professional engineer registered in the state of ohio,
containing a narrative that proposes: the construction details, the range of
soil properties that will be used to construct the recompacted soil liner, and
the results of all the testing required by this paragraph. The report shall be
submitted to the appropriate Ohio EPA district office for written concurrence
no later than fourteen days prior to the intended construction of the
recompacted soil liner that will be modeled by the test pad.

(10)
An alternative to the test pads required
by this rule may be used if it is demonstrated to the satisfaction of the
director or his authorized representative that the alternative meets the
permeability requirements in this rule.

(G)
Pre-construction interface testing and
reporting. The specific soils and representative samples of the geosynthetic
materials that will be used at the site shall be tested for interface shear
strength over the entire range of normal stresses that will develop at the
facility. Prior to the initial use of each specific geosynthetic material(s) in
the construction of engineered components at a facility, the appropriate shear
strengths for all soil to geosynthetic and geosynthetic to geosynthetic
interfaces that include the material(s) shall be determined at least twice
using ASTM D5321-92 (direct shear test) or ASTM D6243-98 (direct shear test for
gcl) and at least once for each subsequent construction event using samples of
the materials identified by the initial two tests to be at the highest risk for
slope failure. Tests involving the flexible membrane liner interface shall be
conducted with a recompacted soil that has the highest moisture content and the
lowest density specified for construction of the recompacted soil liner. Tests
involving geosynthetic clay liner material shall be conducted with hydrated
samples. The results of pre-construction testing required by this rule must
meet all applicable specifications in this rule and the set of approved
parameters in the permit to install application that were established by the
slope stability analysis and shall be evaluated and signed and sealed by a
professional engineer registered in the state of Ohio and submitted to the
appropriate Ohio EPA district office no later than seven days prior to the
intended use of the materials.

[Comment: If a shear stress point plots below the shear
strength failure envelope defined by the required factor of safety, it will be
considered a failed test.]

[Comment: In order to initially test a soil to geosynthetic
interface, one should run two tests over the entire range of normal stress to
determine the shear strength failure envelope of that interface. Each test
should consist of a representative sample of soil and geosynthetic.]

(H)
Construction certification
report. Pursuant to rule
3745-29-19 of the administrative
code, a construction certification report shall be prepared and signed and
sealed by a professional engineer registered in the state of Ohio and other
professionals skilled in the appropriate discipline(s) and submitted to Ohio
EPA and to the approved health department. Copies of the daily construction
activity logs must be kept at the facility and upon request made available to
Ohio EPA. The construction certification report shall include the following:

(1)
A narrative section that identifies the
engineering components that were constructed during the construction event and
includes the following:

(a)
A summary of the
design and construction specifications given in the approved permit to install
and a comparison with the components that were constructed during the
construction event.

(b)
A summary
of how construction was impacted by weather and equipment limitations and other
difficulties encountered.

(2)
All alterations and other changes that
relate to the installation of any of the components to be certified are to be
presented as follows:

(a)
A listing of all
alterations previously concurred with by Ohio EPA.

(b)
All alteration requests and supporting
documentation which are proposed for concurrence. The alteration request shall
be equivalent or more protective than the approved permit to install.

[Comment: Rule
3745-29-19 of the administrative
code requires that the owner or operator obtain Ohio epa's written concurrence
with the certification report prior to placing waste in the phase. If an
alteration will be submitted within a certification report, it is highly
recommended that the appropriate district office of Ohio EPA be notified prior
to construction. Ohio EPA may not concur with alterations submitted after they
are constructed. If this occurs, reconstruction or amendment of the altered
component will be required prior to waste placement.]

(c)
A list of any other changes made by the
owner or operator which do not require Ohio EPA concurrence but which affect
construction or the record drawings.

[Comment: The listing of these changes is for Ohio epa's
informational purposes only.]

(3)
Results of all testing required by this
rule and the quality assurance/quality control plan for the construction of any
engineered component or group of components. If the results of pre-construction
testing of borrow soils were submitted in a format that is acceptable to Ohio
EPA. Only summary tables of data need to be included in the construction
certification report.

However, if a quality assurance/quality control plan is not
required by the applicable authorizing document(s), including an approved
permit(s) to install, plan approval, operational report, or approved closure
plan, the owner or operator shall include the results of testing, testing
procedures, sampling frequency and location, parameters tested for, etc.,
performed to certify compliance with this rule.

[Comment: All quality assurance/quality control tests that do
not meet the specifications outlined in this rule or the approved permit to
install are failed tests that must be investigated and assessed. An area with a
verified failure must be reconstructed to meet specifications. Reconstructed
areas shall be retested at a frequency acceptable to the director.
Reconstruction and retesting shall be performed in accordance with rule
3745-29-19 of the administrative
code.]

(4)
Results of all
surveys required by this rule, the quality assurance/quality control plan, or
the approved permit to install for the construction of any engineered component
or group of components. Survey data shall at a minimum be reported in a
table(s) at the northing and easting for each designated survey point
established to be no more than one hundred feet apart. The northings and
eastings shall be based on the grid system established in the permit in
accordance with rule
3745-29-06 of the administrative
code. If the permit to install does not establish a grid system, the owner or
operator shall establish a grid system for the purposes of construction
certification. Additional points should be established at grade breaks and
other critical locations.

(a)
For the purpose
of confirming the constructed elevations of the composite liner system and its
distance to the uppermost aquifer system, the bottom of recompacted soil liner
elevations shall be compared to the elevations in the approved permit to
install.

(b)
The survey grid shall
also be used to demonstrate the thickness of the following constructed
components with a comparison of the constructed thickness to the thickness
specified in the approved permit to install:

(5)
Record drawings of the constructed
facility components showing the following:

(a)
Plan views with topographic
representation with the elevations of the top of recompacted soil liner and the
location of any berms and leachate collection pipes with inverts noted.

(b)
Plan views with topographic
representation with the elevations of the top of the separatory soil barrier
layer and the location of any berms and leachate collection pipes with inverts
noted.

(c)
Plan views with
topographic representation with the horizontal limits of all existing waste and
the top elevations of the composite cap system and surface water control
structures including permanent ditches to control run on and run off; and
sedimentation ponds including the inlet and outlet; and any permanent ground
water control structures.

(d)
Plan
views of the deployment of the flexible membrane liner panels and the location
and identification of the destructive tests and all repairs.

(e)
The location and as-built detail drawings
of all components to be certified using the same views as required in rule
3745-29-06 of the administrative
code.

(f)
If the certification
report is submitted for the composite cap system, cross sections showing the
top elevations of the existing waste, top elevation of the composite cap
system, and the elevations of the surface water management system. The cross
sections shall be taken at the same locations and using the same scale as in
the approved permit to install. Otherwise, the cross sections shall be taken at
an interval no greater than every three hundred feet of length and width.

(6)
After the initial
construction and establishment of facility survey marks, the following
information summarizing the activities performed to construct and establish the
facility survey marks:

(a)
An identification
and description of the known control point(s) used to establish the horizontal
and vertical coordinate(s) of the facility survey marks.

(b)
The horizontal and vertical coordinates
of the known control point(s) and facility survey marks.

(c)
A summary of surveying activities
performed in determining the coordinates of the facility survey marks.

(d)
A copy of the 7.5 minute
series quadrangle sheet(s) used in establishing the survey marks with the known
control point(s) and the location of the facility survey marks clearly
identified.

(e)
A detailed
drawing(s) illustrating the design of the facility survey marks, as
constructed.

(7)
Qualifications of testing personnel. A description of the experience, training,
responsibilities in decision making, and other qualifications of the personnel
that provided construction oversight and conducted all the testing on the
engineered components for which the certification report is submitted.

(8)
Documentation demonstrating
that any oil or gas wells that have been identified within the limits of solid
waste placement have been properly plugged and abandoned in accordance with
chapter 1509. of the Revised Code prior to any construction in the area of the
well(s).

(9)
A notarized statement
that, to the best of the knowledge of the owner or operator, the certification
report is true, accurate, and contains all information required by this rule
and by a quality assurance/quality control plan.

[Comment: A recommended format for the certification report
will be developed by Ohio epa]

Appendix I

Equation (1) D = n * ( 6.6 X 10-9), where:

D = liner thickness (ft), not to exceed 5 feet.

N = time (seconds), calculated in procedure (3)

Equation (2) T = D/AK, where:

T = Time (seconds)

D = Thickness of geologic stratum (cm)

K = Hydraulic conductivity of geologic stratum (cm/sec)

A = Constant determined by type of geologic stratum where:

A = 2.0 for clay

A = 2.5 for silt

A = 3.5 for sand or gravel

A = 5.0 for fractured bedrock

A = The inverse of the porosity of the non-fractured bedrock
material

Procedure:

(1)
Calculate T for each geologic stratum that is to be present between the
uppermost aquifer system and the base of the recompacted soil liner using
equation (2).

(2)
The values for t
calculated in procedure (1) shall be summed to yield t for the entire section
between the uppermost aquifer system and the base of the recompacted soil
liner.

(A)
The owner
or operator of an industrial solid waste landfill facility permitted and
operating, undergoing closure, conducting post-closure care, or with an
approved closure plan under chapter 3745-29 of the administrative code shall
comply with the requirements of rule
3745-30-08 of the administrative
code and as follows:

(1)
A ground water
monitoring plan previously submitted as part of an industrial solid waste
landfill facility permit to install or closure plan shall remain in effect
until sixty days after the owner or operator submits to Ohio environmental
protection agency a revised plan complying with rule
3745-30-08 of the administrative
code.

(2)
An alternate parameter
list previously submitted and approved by the director or his authorized
representative shall remain in effect.

[Comment: The owner/operator of an industrial solid waste
landfill regulated under chapter 3745-29 of the administrative code is only
required to revise the portions of their current ground water monitoring plan
that do not comply with this rule and are not required to submit a whole new
plan. All variance approvals issued under the provisions of chapter 3745-29 of
the administrative code continue in effect.]

(3)
A permit applicant acting in compliance
with paragraph (C)(3)(e) of rule
3745-29-06 of the Administrative
Code shall analyze the ground water using appendix iii (h) of rule
3745-30-08 of the Administrative
Code.

(4)
An owner or operator
acting in compliance with paragraph (m)(5) of rule
3745-29-19 of the Administrative
Code shall analyze the leachate using appendix iii (H) of rule
3745-30-08 of the Administrative
Code.

(A)
For all
industrial solid waste landfill facilities, the owner or operator shall submit
a "final closure/post-closure plan" containing the information specified in
paragraph (B) of this rule to the director not later than one hundred eighty
days prior to the anticipated date to cease accepting solid waste. The owner or
operator of an industrial solid waste landfill facility that ceased acceptance
of waste prior to June 1, 1994, as determined by the notification required by
paragraph (E) of this rule, which has not submitted the final closure
certification report in accordance with paragraph (J) of this rule, shall
comply with paragraphs (F) and (G) to (L) of this rule, and rules
3745-29-10 and
3745-27-16 of the Administrative Code.

(B)
Final closure/post-closure plan. The
owner or operator shall prepare a final closure/post-closure plan in accordance
with this rule for the industrial solid waste landfill facility, which shall,
at a minimum, contain all the items specified in paragraphs (B)(1) to (B)(10)
of this rule.

(2)
Any variances or
exemptions from the requirements of this rule or rule
3745-29-14 of the Administrative
Code or any alternative schedule for completing final closure activities.

[Comment: If a variance, exemption, or alternative schedule is
identified, the request must be submitted to the director and must be received
prior to approval; otherwise, the rule requirements are applicable and
enforceable.]

(3)
The name,
address, and telephone number of the person or office to contact regarding the
industrial solid waste landfill facility during the final closure and
post-closure care periods.

(4)
The
following information to be presented in the same manner as outlined in rule
3745-29-06 of the Administrative
Code:

(a)
Plan drawings of the horizontal
limits and top elevations of waste and the cap system; and surface water
control structures including permanent ditches to control run-on and runoff;
and sedimentation ponds including the inlet and outlet.

(b)
Establish a grid system with northings
and eastings not more than five hundred feet apart.

(c)
Detail drawings of the cap system
including but not limited to the key trench, any penetrations, cap drainage
structures, and surface water drainage structures.

(d)
Detail drawings of sedimentation pond and
discharge structures and surface water run-on and runoff control
structures.

(6)
Quality assurance/quality control plan
for cap system construction.

(7)
Explosive gas monitoring plan in accordance with rule
3745-27-12 of the Administrative
Code if an occupied structure is located within one thousand feet of the limits
of solid waste placement of the industrial solid waste landfill facility and
the industrial solid waste facility does not meet one of the exclusions
specified in paragraph (A)(7) of rule
3745-27-12 of the Administrative
Code.

(C)
Mandatory closure. The owner or operator
shall begin final closure activities in accordance with the final
closure/post-closure plan and paragraph (G) of this rule no later than seven
days after any of the occurrences specified in this paragraph. Approval of the
final closure/post-closure plan does not affect the owner's or operator's
obligations to begin and complete final closure activities in accordance with
paragraphs (G) and (H) of this rule. It is mandatory to begin closure
activities for an industrial solid waste landfill facility upon the occurrence
of any of the following:

(1)
A solid waste
disposal license issued for the industrial solid waste landfill facility has
expired, and another license has not been applied for in the manner prescribed
in Chapter 3745-37 of the Administrative Code.

(2)
A solid waste disposal license issued for
the industrial solid waste landfill facility has expired, and another license
has been applied for and denied as a final action.

(3)
A solid waste disposal license issued for
the industrial solid waste landfill facility has been revoked as a final
action.

(4)
A solid waste disposal
license issued for the industrial solid waste landfill facility has been
suspended as a final action.

(5)
The owner or operator declares that an industrial solid waste landfill facility
will cease acceptance of waste for disposal by a date certain.

(6)
All approved limits of solid waste
placement have been reached, as specified in the plan approval, operational
report, or permit to install, whichever is applicable, for an industrial solid
waste landfill facility.

(1)
The owner or
operator shall provide notice by certified mail or any other form of mail
accompanied by a receipt not less than ninety days prior to the anticipated
date on which the industrial solid waste landfill facility will cease to accept
solid waste if final closure is or will be triggered for the industrial solid
waste landfill facility by any of the following occurrences:

(3)
Concurrently with the submission of the notice required by paragraph (D)(1) of
this rule, the owner or operator shall commence publishing at three-week
intervals, prominent notice of the anticipated date on which solid waste will
cease to be accepted at the industrial solid waste landfill facility. Such
notice shall be published in the county in which the industrial solid waste
landfill facility is located and in any other county which has been a source of
at least twenty-five per cent of the solid wastes deposited at the industrial
solid waste landfill facility over the previous twelve months of operation.
Notice shall be provided to the director and the board of health having
jurisdiction that affirms the notices have been published in accordance with
this paragraph.

(4)
The public
notice requirement shall not apply to an industrial solid waste landfill
facility, owned by a generator, exclusively disposing of solid wastes generated
at premises owned by the generator.

(5)
Not less than thirty days prior to the
anticipated date on which the facility will cease to accept solid waste, notice
shall be provided by certified mail or any other form of mail accompanied by a
receipt to the director of any changes to the information that identifies the
facility's final closure contact person.

(E)
The owner or operator shall send
notification by certified mail or any other form of mail accompanied by a
receipt to the director and to the board of health having jurisdiction, as to
the actual date that the industrial solid waste landfill facility ceased to
accept solid waste. Notification shall be sent to the director and the board of
health having jurisdiction not later than seven days after the date specified
in the notification.

(F)
The owner
or operator shall begin final closure activities of the industrial solid waste
landfill facility, not later than seven days after any of the occurrences in
paragraph (C) of this rule. Final closure activities for an industrial solid
waste landfill facility shall include, at a minimum, the items specified in
paragraphs (G) and (H) of this rule.

(G)
Cap system. The owner or operator shall
construct a cap system in accordance with either of the following:

(1)
The design approved in the permit or in a
subsequently approved alteration.

(2)
If an industrial solid waste landfill
facility has areas which have been capped, graded, and seeded in accordance
with paragraphs (C)(1) to (C)(4) of rule
3745-27-10 of the Administrative
Code, as effective July 29, 1976, or in accordance with paragraph (C)(16) of
rule 3745-29-08 of the Administrative
Code, effective June 1, 1994, those areas need not have a cap system as
required by rule
3745-29-08 of the Administrative
Code. Any area to which this provision applies shall be defined by detail
engineering plans, to be submitted not later than May 1, 2001.

(1)
The owner or operator shall continue to
comply with rule
3745-29-19 of the Administrative
Code and all monitoring and reporting activities required during the operating
life of the industrial solid waste facility until closure certification is
submitted and the post-closure care period begins.

(2)
The owner or operator shall install the
required surface water control structures including permanent ditches to
control run-on and runoff and sedimentation pond(s), as shown in the final
closure/post-closure plan, and as necessary, grade all land surfaces to prevent
ponding of water where solid waste has been placed and institute measures to
control erosion.

[Comment: The minimum slope standard in OAC rule
3745-29-08 is a design standard.
For closure certification, it is not necessary to regrade the site if there is
not a ponding problem, even if the slope no longer meets the design in the
closure/post-closure plan.]

(3)
The owner or operator shall design and
install a ground water monitoring system in accordance with rule
3745-29-10 of the Administrative
Code, if a system is not already in place.

(4)
The owner or operator shall bait for
rodents and treat for other vectors as necessary.

(5)
The owner or operator shall record on the
plat and deed to the industrial solid waste landfill facility property, or on
some other instrument which is normally examined during title search, that will
in perpetuity notify any potential purchaser of the property that the land has
been used as industrial solid waste landfill facility, a notation describing
the impacted acreage, exact location, depth, volume, and nature of solid waste
deposited in the industrial solid waste landfill facility.

(6)
After ceasing acceptance of waste at an
industrial solid waste landfill facility, the owner or operator shall post
signs, in such a manner as to be easily visible from all access roads leading
onto the industrial solid waste landfill facility, stating in letters not less
than three inches high that the industrial solid waste landfill facility no
longer accepts solid waste. Signs shall be maintained in legible condition for
not less than two years after final closure activities have been completed.
This paragraph shall not apply to industrial solid waste landfill facilities
owned and permitted by a generator of solid wastes if the industrial solid
waste landfill facility exclusively disposes of solid wastes generated at the
premises owned by the generator.

(7)
After ceasing acceptance of waste at an
industrial solid waste landfill facility, the owner or operator shall block, by
locked gates, fencing, or other sturdy obstacles, all entrances and access
roads to the industrial solid waste landfill facility to prevent unauthorized
access during the final closure and post-closure period.

(I)
Final closure activities shall be
completed not later than one year after any of the occurrences in paragraph (C)
of this rule, unless an alternate schedule has been approved by the
director.

(J)
Final closure
certification. Not later than ninety days after the completion of final closure
activities, the owner or operator shall submit to the director, and to the
board of health having jurisdiction, a written certification report. The final
closure certification shall include verification that the industrial solid
waste landfill facility has been closed in accordance with this rule and the
"final closure/post-closure plan." The final closure certification shall at a
minimum include the following:

(1)
A list of
the construction certification reports for construction of the cap system with
the date of submittal and a topograph map of the entire industrial waste
landfill facility showing the areas certified by each report. The map shall
also show the horizontal limits of waste placement and the surface water
control structures including permanent ditches to control run-on and runoff,
and the following if present: the sedimentation pond(s) including the inlet and
outlet, the outlet of any permanent ground water control structures, and the
explosive gas control system.

(2)
A
demonstration that the ground water monitoring system meets the requirements of
rule 3745-29-10 of the Administrative
Code.

(3)
A copy of the plat and
deed or other instrument which is normally examined during a title search,
showing the notation required by paragraph (H)(5) of this rule and bearing the
mark of recordation of the office of the county recorder for the county in
which the property is located.

(4)
A demonstration that the sign, if required by paragraph (H)(6) of this rule,
has been posted, and that all entrances and access roads have been blocked as
required by paragraph (H)(7) of this rule.

(K)
The health commissioner and the director,
or their authorized representatives, upon proper identification, may enter any
part of the industrial solid waste landfill facility at any time during the
final closure period for the purpose of determining compliance with this
rule.

(L)
It is the responsibility
owner or operator to complete final closure of the industrial solid waste
landfill facility in a manner that minimizes the need for further maintenance
and minimizes post-closure formation and release of leachate and explosive
gases to air, soil, ground water, or surface water to the extent necessary to
protect human health and the environment.

(A)
Following
completion of final closure activities in accordance with rule
3745-29-11 of the Administrative
Code or following closure activities in accordance with paragraph (C) of rule
3745-27-10 of the Administrative
Code, as effective July 29, 1976, and completed on or after the date three
years prior to March 1, 1990, the owner, operator, or permittee shall conduct
post-closure care activities at the industrial solid waste landfill facility
for a minimum of thirty years. The post-closure care period begins when the
certification required by paragraph (J) of rule
3745-29-11 of the Administrative
Code has been submitted for the industrial waste landfill facility.
Post-closure care activities for all industrial solid waste landfill facilities
shall include, but are not limited to the following:

(1)
Continuing operation and maintenance of
the leachate management system, the surface water management system, any
explosive gas extraction and/or control system, any explosive gas monitoring
system, and the ground water monitoring system.

(2)
Maintaining the integrity and
effectiveness of the cap system, including making repairs to the cap system as
necessary to correct the effects of settling, dead vegetation, subsidence,
ponding, erosion, leachate outbreaks or other events, and preventing run-on and
runoff from eroding or otherwise damaging the cap system.

(b)
If necessary, collect, treat, and dispose
of the leachate, including, if necessary, following the contingency plan for
leachate storage and and disposal prepared pursuant to rule
3745-29-19 of the Administrative
Code.

(c)
Take action to minimize,
control, or eliminate the conditions which contribute to the production of
leachate.

(4)
Quarterly
inspection of the industrial solid waste landfill facility during each year of
the post-closure care period and submittal of a written summary to the
appropriate Ohio EPA district office not later than fifteen days after the
inspection date detailing the results of the inspection and a schedule of any
actions to be taken to maintain compliance with paragraphs (A)(1), (A)(2), and
(A)(3) of this rule.

(5)
Fulfilling
all monitoring and reporting requirements in accordance with rule
3745-29-10 of the Administrative
Code for ground water, with rule
3745-27-12 of the Administrative
Code for explosive gas, and with any monitoring required by any orders or
authorizing documents. The thirty-year post-closure care period may be
shortened for explosive gas monitoring, as outlined in rule
3745-27-12 of the Administrative
Code after the initial ten years of the thirty-year post-closure care period.
The frequency of ground water sampling and analysis may be changed in
accordance with paragraph (D)(7) of rule 3745-30-08
of the Administrative Code.

(6)
Submitting a report to the appropriate Ohio EPA district office and approved
health department not later than the first day of April of each year, which
contains the following:

(a)
A summary of the
quantity of leachate collected for treatment and disposal on a monthly basis
during the year, and the location of leachate treatment and/or
disposal.

(b)
Results of analytical
testing of an annual grab sample of leachate for the parameters specified in
paragraph (H) of appendix
III to rule
3745-30-08 of the Administrative Code. The grab sample
shall be obtained from the leachate management system.

(c)
The most recent updated post-closure cost
estimate adjusted for inflation and for any change in the post-closure cost
estimate required by rule
3745-27-16 of the Administrative
Code.

(7)
Records and
reports generated by paragraphs (A)(4) to (A)(6) of this rule are to be kept
for the duration of the post-closure care period at a location where the
records and reports are available for inspection by Ohio EPA or the approved
health department during normal working hours.

(B)
Upon completion of the post-closure care
period of the industrial solid waste landfill facility, the owner or operator
shall submit to the director written certification that the industrial solid
waste landfill facility has completed post-closure activities in accordance
with this rule and "final closure/post-closure plan." Based on such factors as
the inspection or monitoring results required by paragraphs (A)(4) and (A)(5)
of this rule and whether human health or safety or the environment is or will
be protected, or whether a nuisance is or will be created, the director may
either discontinue or extend the post-closure care period. The certification
shall be accompanied by documentation which demonstrates that all post-closure
care activities have been completed. The certification shall be signed and
sealed by a professional engineer registered in Ohio. The document shall
include the following:

(2)
A summary of any on-going ground water
assessment or corrective measures.

(3)
A summary of explosive gas migration and
generation by the landfill.

(4)
An
assessment of the integrity and stability of the cap system if post-closure
care activities cease.

[Comment: If the landfill shows an improvement to leachate
quality, the quantity of leachate generated will not cause an outbreak or slope
failure, that ground water monitoring is no longer needed, that it is not
generating explosive gas which has the potential to migrate underground, and
that the cap system will maintain its integrity and stability if post-closure
care activities cease, the director may release the owner, operator, or
permittee from continuing post-closure care activities.]

(D)
The health commissioner and the director,
or their authorized representatives, upon proper identification, may enter any
closed an industrial solid waste landfill facility at any time during the
post-closure care period for the purpose of determining compliance with this
rule.

(A)
Applicability.
The owner or operator of an industrial solid waste landfill facility shall
comply with the requirements and operational criteria specified in this rule
until the final closure certification required by rule
3745-29-11 of the Administrative
Code is submitted and the post-closure care period begins.

(1)
The owner or operator shall conduct all
operations at an industrial solid waste landfill facility in strict compliance
with the terms and conditions of the industrial solid waste disposal license
issued for the facility in accordance with Chapter 3745-37 of the
Administrative Code.

(2)
The owner
or operator shall conduct all construction and operation at an industrial solid
waste landfill facility in strict compliance with the applicable authorizing
document(s), including permit(s) to install, a plan approval, an operational
report, an approved final closure plan, or an alteration(s) concurred with in
writing by Ohio EPA, except as follows:

(a)
For an industrial solid waste landfill facility with a plan approval issued by
the Ohio department of health, an operational report submitted in accordance
with paragraph (J) or (K) of rule
3745-27-09 of the Administrative
Code, as effective July 29, 1976, or a permit to install approved prior to
January 1, 1980, the owner or operator shall conduct operations in strict
compliance with the plan approval, operational report, or a permit to install,
whichever document is applicable, unless either of the following apply:

(i)
The owner or operator of an industrial
solid waste landfill facility has obtained a permit to install pursuant to the
conditions and schedule outlined in division (A)(3) or (A)(4) of section
3734.05 of the Revised
Code.

(ii)
The owner or operator
has obtained written concurrence from Ohio EPA for the alteration of the
industrial solid waste landfill facility or the owner or operator has obtained
a permit to install prior to modifying the industrial solid waste landfill
facility.

[Comment: "Alteration" is defined in rule
3745-27-01 of the Administrative
Code; "modification" is defined in rule
3745-27-02 of the Administrative
Code.]

(3)
The owner or operator shall operate the
facility in such a manner that noise, dust, and odors are strictly controlled
so as not to cause a nuisance or a health hazard.

(4)
The owner or operator shall operate the
facility in such a manner that the attraction, breeding, and emergence of
insects, rodents, and other vectors are strictly controlled so as not to cause
a nuisance or a health hazard. The owner or operator shall initiate effective
supplemental vector control measures as deemed necessary by the health
commissioner or the director.

(5)
The owner or operator shall operate the facility in such a manner that the
operation does not cause water pollution pursuant to Chapter 6111. of the
Revised Code, and does not violate any regulation adopted by the director
pursuant to Chapter 3704. of the Revised Code.

(1)
Construction certification and approval.
After the installation of any of the engineered components specified in rule
3745-29-08 of the Administrative
Code, other than the cap system, in any phase of an industrial solid waste
landfill facility, the owner or operator shall not accept waste in the phase
until all of the following occur:

(a)
A
construction certification report for that phase, prepared in accordance with
the paragraph (H) of rule
3745-29-08 of the Administrative
Code, has been submitted to Ohio EPA and the approved health
department.

(b)
The owner or
operator has received written concurrence from the appropriate Ohio EPA
district office for the components specified in paragraph
(B) of
rule 3745-29-08 of the Administrative
Code.

(2)
Construction
compliance. Upon discovery by the owner or operator, or upon notification by
Ohio EPA, that a failed test or an alteration has occurred in construction of
any engineered component or portion of an industrial solid waste landfill
facility, the owner or operator shall comply with the procedures outlined in
this paragraph.

(a)
Failed test. For the
purposes of this rule, a "failed test" occurs when a test performed on a
component of the industrial solid waste landfill facility yields a result that
does not meet the specifications outlined in the applicable authorizing
document(s) specified in paragraph (B) of this rule or other requirements of
these rules. If, prior to submission of the construction certification report
for the component or portion of the industrial solid waste landfill facility,
the owner or operator determines that there is a "failed test," the owner or
operator shall do the following:

(i)
Assess
the component or portion of the facility to determine if construction is in
compliance with the applicable authorizing document(s) or other requirements of
these rules.

(ii)
Implement
measures to attain compliance with the applicable authorizing document or other
requirements of these rules. An area with a verified failure must be
reconstructed. Reconstructed areas must be retested at a frequency sufficient
to demonstrate to the director that compliance has been achieved.

If, prior to submission of the construction certification
report for the component or portion of the industrial solid waste landfill
facility, the owner or operator determines that there is an alteration, the
owner or operator shall do all of the following:

(i)
Include the applicable testing results
and an examination of the alteration(s) in the certification report
"alterations" section required by rule
3745-29-08 of the Administrative
Code.

(ii)
Provide a demonstration
in the certification report that the alteration(s) is at least equivalent to
the requirement in the applicable authorizing document(s) or other requirements
of these rules.

(iii)
Submit the
certification report to Ohio EPA and the approved health department.

[Comment: Paragraph (C)(2)(b) of this rule applies only to a
change that qualifies as an alteration as that term is defined in rule
3745-27-01 of the Administrative
Code. Rule 3745-27-02 and paragraph (A) of rule 3745-29-06 of the
Administrative Code require an owner or operator to obtain a permit to install
prior to the establishment of a new, or modification of an existing industrial
solid waste landfill facility. Obtaining concurrence for an alteration in
accordance with the procedures outlined in paragraph (C)(2) of this rule does
not relieve the owner or operator from liability for failure to obtain a permit
to install to modify the facility if the change being addressed constitutes a
modification.]

(c)
Detection after submission of
certification report. If the owner or operator determines that the
certification report is in error because a "failed test" or an alteration was
detected after submission of the construction certification report to Ohio EPA,
the owner or operator shall do the following:

(i)
Notify, within twenty-four hours after
discovery by phone and within seven days after discovery in writing, the
appropriate Ohio EPA district office and the approved health department of the
noncompliance.

(ii)
Within fourteen
days of submitting the written notification required by paragraph (C)(2)(c)(i)
of this rule, do either of the following:

(a)
Implement compliance with the applicable steps outlined in paragraph (C)(2)(a)
of this rule and amend and resubmit the construction certification report to
explain the circumstances and how compliance was achieved.

(b)
Submit the information required by
paragraph (C)(2)(b) of this rule.

[Comment: Compliance with paragraph (C)(2)(c) of this rule does
not relieve the owner or operator from liability for failure to construct or
operate the sanitary landfill facility in strict compliance with the applicable
authorizing document(s), other requirements of this chapter, or failure to
submit a certification report that is true, accurate, and complete as required
by the construction certification requirements of rule
3745-27-08 of the Administrative
Code.]

(1)
The owner or operator shall place select
waste as the first layer of waste in all areas within the limits of waste
placement adjacent to and/or in contact with the leachate collection system to
protect the composite liner from the intrusion of objects during operation of
the facility. The select waste layer shall:

(c)
Not restrict the flow
of liquid to the leachate collection system.

(d)
Not contain fines or small particles
which can clog the leachate collection system.

(e)
Be placed as a single lift above the
leachate collection layer required in accordance with paragraph (C)(4)(d) of
rule 3745-29-08 of the Administrative
Code so that a minimum distance of five feet is created between the liner and
general waste placement.

[Comment: Granular drainage medium used in the leachate
collection system provides some of the required protective material needed to
create the five feet of distance between the liner and general waste placement.
Thus, if the leachate collection system includes one foot of sand, then at
least four feet of select waste would be needed to satisfy the requirement in
paragraph (D)(1)(e) of this rule.]

(2)
The owner or operator shall verify the
placement of the select waste layer by submitting written notification to Ohio
EPA within thirty days of placing the select waste material. This notification
shall include the following information:

(a)
The owner or operator shall clear
naturally occurring vegetation to the extent necessary for proper operation of
the facility.

(b)
Any oil wells and
gas wells within the proposed limits of industrial waste placement shall be
properly plugged and abandoned in accordance with Chapter 1509. of the Revised
Code.

(c)
The owner or operator
shall maintain the integrity of the engineered components of the industrial
solid waste landfill facility and repair any damage to or failure of the
components. "Engineered components" includes the components described in rule
3745-29-08 of the Administrative
Code and components of the monitoring system(s) installed in accordance with
rule 3745-29-10 of the Administrative
Code. Failed or damaged engineered components shall be investigated and
reconstructed in strict compliance with the existing applicable authorizing
documents. If a redesign is necessary, prior approval of an alteration or a
modification shall be obtained.

(d)
The owner or operator shall perform chemical compatibility testing if the
director determines that such testing is necessary to demonstrate that the
industrial solid waste to be received at the industrial solid waste landfill
facility will not compromise the integrity of any material used to construct
the industrial solid waste landfill facility.

(a)
The owner or operator shall construct and
maintain all-weather access roads within the facility boundary in such a manner
as to withstand the anticipated degree of use and allow passage of the loaded
refuse vehicles at all times, with a minimum of erosion and dust
generation.

(b)
The owner or
operator shall limit access to the facility by non-employees except during
operating hours when operating personnel are present. The owner or operator
shall, at all times, limit access to the facility as necessary to prevent
scavenging and salvaging operations not conducted in accordance with paragraph
(E)(4) of this rule. This paragraph shall not apply to the health commissioner
or the director who, upon proper identification, may enter the facility at any
time to determine compliance with Chapter 3745-29 of the Administrative
Code.

(c)
The owner or operator
shall exclude live domestic and farm animals from the operating areas of the
facility, except for animals used for security purposes.

(a)
The owner or operator shall have adequate
equipment, material, and services available at or near the facility to control
fire. The owner or operator shall act immediately to control or extinguish any
fire.

(b)
The owner or operator
shall ensure that operable equipment of adequate size and quantity for the
operations of the facility are available at all times, or that an appropriate
contingency plan is prepared to properly handle and dispose of waste materials
in the event of equipment failure.

The owner or operator shall ensure that any individual meeting
the definition of operator specified in rule
3745-27-01 of the Administrative
Code shall be thoroughly familiar with the proper operational procedures,
license, permits, and other authorizations pertaining to the facility.

The owner or operator shall ensure preparations have been made
such that, during inclement weather, the industrial solid waste landfill
facility is able to receive, compact, and cover incoming industrial solid
waste. The preparations shall include, but need not be limited to, designation
and preparation of areas where industrial solid waste will be deposited,
compacted, and covered during inclement weather, construction and maintenance
of all-weather access roads leading from the point(s) where loaded vehicles
enter the site to the inclement weather areas, and stockpiling of cover
material.

(a)
Prior to
accepting industrial solid waste at a unit(s) of a new industrial solid waste
landfill facility, or in any unit(s) of a lateral expansion area, or in a
vertical expansion approved on or after March 1, 1990, the owner or operator
shall comply with all applicable requirements for leachate treatment and/or
disposal, discharges to surface waters, management of surface water runoff, and
air emissions.

(b)
The owner or
operator shall not begin filling in a new phase, without completing the
previous phase, except to the extent necessary for the proper operation of the
industrial solid waste landfill facility.

(c)
The owner or operator shall confine
unloading of waste materials to the smallest practical area(s). The owner or
operator shall ensure that each unloading area is supervised by a person or
persons knowledgeable regarding operations at the working face.

(d)
The owner or operator shall not deposit
waste that is burning or is at a temperature likely to cause fire at the
working face. Prior to placing the industrial solid waste at the working face,
the owner or operator shall deposit such material in a separate location which
is at a sufficient distance from the working face to prevent fires from
spreading to the working face and shall immediately extinguish the fire or
lower the temperature of the industrial solid waste.

(e)
Except as provided in paragraphs (D)(1)
and (E)(7)(d) of this rule, the owner or operator shall ensure that all
industrial solid waste admitted to the industrial solid waste landfill facility
is deposited at the working face, spread in layers not more than two feet
thick, and compacted to the smallest practical volume. An alternate method may
be used if approved in writing by the director. During periods when inclement
weather prevents compliance with this rule, the industrial solid waste shall be
deposited at the area prepared in accordance with paragraph (B)(2)(a) of this
rule.

(f)
The owner or operator
shall employ all necessary means to ensure the following:

(i)
Bulky materials can be compacted or
otherwise managed in such a way as to ensure the proper placement of daily
cover.

(ii)
Dusty materials are
handled, compacted, and covered in such a manner as to minimize the amount of
dust that is generated by those materials.

(g)
The owner or operator shall exclusively
accept for disposal industrial solid waste as defined in rule
3745-29-01 of the Administrative
Code.

The owner or operator shall employ all reasonable measures to
collect, properly contain, and dispose of scattered litter, including the use
of portable wind screens where necessary and frequent policing of the
area.

(a)
The owner or operator shall
keep a daily log of operations of the facility that contains all the
information specified on forms prescribed by the director. All entries required
by the log form shall be completed. The owner or operator of the facility may
use alternate forms, either in paper or electronic formats, for the daily log
of operations, provided that all of the information requested on the prescribed
forms is present.

(b)
A copy of the
log shall be available for inspection by the health commissioner or the
director during normal operating hours.

(c)
When required by Ohio EPA, the owner or
operator shall submit log forms or summaries of daily logs to the health
commissioner or the director on either paper or electronic versions of forms
prescribed by the director. The owner or operator may use alternate forms,
either in paper or electronic formats, for the log forms or summary of daily
logs, provided that all of the information requested on the prescribed forms is
present.

(d)
The owner or operator
shall make the completed daily logs available for inspection at the facility
for a minimum of three years. The records retention period may be extended
during the course of any unresolved litigation or when so requested by Ohio
EPA. The three-year period for retention of records shall begin on the date the
daily log form is completed.

(a)
The owner or operator shall inspect the
industrial solid waste landfill facility at least daily for ponding, erosion,
and leachate outbreaks. Written results of the inspections, including a
discussion of any corrective actions taken, the date, and weather conditions,
shall be recorded on the daily log forms required pursuant to paragraph (E)(10)
of this rule and shall be made available to the health commissioner or the
director upon request.

(b)
The
owner or operator shall inspect sedimentation ponds and sedimentation pond
discharge structures, including pipes, ditches, and culverts at least weekly
for erosion, clogging, or failure and take prompt corrective action, if
necessary. Written results of the inspections, including a discussion of any
corrective actions taken, any water quality samples taken, the date, and
weather conditions, shall be recorded on the daily log forms required pursuant
to paragraph (E)(10) of this rule and shall be made available to the health
commissioner or the director upon request.

The owner or operator shall ensure that a copy of the approved
permit to install, detail plans, specifications and information is maintained
at the industrial solid waste landfill facility and is available and may be
inspected by the health commissioner or the director upon request during normal
operating hours.

Daily cover shall be applied to all exposed industrial waste by
the end of the working day to control fire hazards, blowing litter, odors,
insects, vectors, and rodents. In no event shall industrial waste be exposed
for more than twenty-four hours after unloading. Daily cover material shall be
nonputrescible, shall not contain large objects in such quantities as may
interfere with its application and intended purpose, and shall not be
industrial solid waste, unless the owner or operator has received prior,
written authorization in accordance with paragraph (F)(3)(a) of this
rule.

(1)
For an industrial solid
waste landfill facility having a leachate management system, a soil layer, at
least six inches thick, shall be used. Daily cover applied in an area served by
a leachate management system shall be removed or otherwise prepared as
necessary so as not to impede the flow of leachate to the leachate management
system within the limits of waste placement.

(a)
The director may approve industrial solid
waste to be used as alternative material for daily cover if the industrial
solid waste is nonputrescible and the owner or operator can demonstrate to the
satisfaction of the director that the proposed industrial solid waste provides
protection that is comparable to six inches of soil and is protective of human
health and the environment. The owner or operator must obtain written approval
to use industrial solid waste for daily cover prior to utilizing the industrial
solid waste.

(b)
The director may
approve other materials and/or thicknesses for daily cover if the owner or
operator can demonstrate to the satisfaction of Ohio EPA that the proposed
alternative material and/or thickness provides protection that is comparable to
six inches of soil and is protective of human health and the environment. The
owner or operator must obtain written approval to use an alternative material
and/or thickness for daily cover prior to utilizing the alternative material
and/or thickness.

(4)
The director may approve frequencies, other than daily, if the owner or
operator can demonstrate to the satisfaction of the director that the alternate
frequency provides comparable and adequate protection.

(1)
To minimize infiltration, intermediate
cover shall be applied to all filled areas of an industrial solid waste
landfill facility where additional industrial solid waste is not to be
deposited for at least thirty days. The director may approve the use of some
alternate time period, if the owner or operator can demonstrate to the
satisfaction of the director that, by use of the alternate time period,
infiltration will not be increased.

(2)
Intermediate cover material shall be
nonputrescible and have low permeability to water, good compactability,
cohesiveness, and relatively uniform texture, and shall not contain large
objects in such quantities as may interfere with its application and intended
purpose. A twelve inch thick layer of soil, consisting of well-compacted loam,
silt loam, clay loam, silty clay loam, silty clay or some combination thereof,
shall be used. The owner or operator may use other materials and/or thicknesses
for intermediate cover if the owner or operator can demonstrate to the
satisfaction of the director that the proposed intermediate cover material
and/or thickness provides comparable and adequate protection.

(3)
Intermediate cover in an area shall be
removed or otherwise prepared as necessary prior to the placement of the next
layer of industrial solid waste in that area so as not to impede the flow of
leachate to the leachate management system within the limits of industrial
solid waste placement.

(4)
The
owner or operator shall perform measures to protect the intermediate cover from
erosion.

Within seven days of reaching the approved final elevations of
industrial solid waste placement in a phase, the owner or operator shall begin
constructing the final cap system by doing either of the following:

(1)
By constructing a cap system over the
entire phase in accordance with rule
3745-29-08 of the Administrative
Code as specified in rule
3745-29-11 of the Administrative
Code.

(a)
Place transitional cover over
the entire phase in accordance with paragraph (D)(19) of
rule 3745-29-08 of the Administrative
Code.

(b)
When the industrial solid
waste landfill facility in which the phase is located has reached approved
final elevations of industrial solid waste placement, construct a cap system
over the entire facility in accordance with rule
3745-29-08 of the Administrative
Code as specified in paragraph (G) of rule
3745-29-11 of the Administrative
Code.

(c)
The owner or operator
shall provide written notice to Ohio EPA and the approved health department
clearly describing the phase(s), or portions thereof, where transitional cover
will be installed in accordance with rule
3745-29-08 of the Administrative
Code. The owner or operator shall submit the notification prior to beginning
construction of transitional cover for a particular phase, or portion
thereof.

(d)
After completing
construction of transitional cover in a particular phase, the owner or operator
shall submit a certification report to Ohio EPA and the approved health
department in accordance with rule
3745-29-08 of the Administrative
Code. The certification report shall be submitted no later than the date for
the submittal of the next annual operational report required pursuant to
paragraph (M) of this rule.

(e)
Notwithstanding any prior notification that transitional cover will be
installed, the owner or operator may choose to comply with paragraph (H)(1) of
this rule. The owner or operator shall provide prior notice to Ohio EPA and the
approved health department of any change from a previously submitted
notification.

[Comment: Use of the transitional cover as specified in
paragraph (H)(2) of this rule may increase the final closure cost estimate
since the final cap system may not be installed over large areas of a facility
until near the end of the facility's life. Paragraph (C) of rule
3745-27-15 requires the owner or
operator to prepare cost estimates which reflect the cost of final closure
activities at a point when final closure of the industrial solid waste landfill
facility would be most expensive and which assumes final closure is performed
by a third party. Paragraph (M)(6) of this rule requires the owner or operator
to at least annually update the final closure cost estimate and submit the
revised estimate with the annual operational report. Finally, rule
3745-27-15 of the Administrative
Code mandates that when the current final closure cost estimate increases, the
owner or operator must increase the dollar amount of the financial assurance
mechanism. See paragraphs (F)(3), (F)(6), (G)(7), (H)(7), (I)(7), (J)(9), and
(K)(5) of rule
3745-27-15 of the Administrative
Code.]

The owner or operator of an industrial solid waste landfill
facility, with an authorized maximum daily waste receipt greater than two
hundred tons per day, shall use scales as the sole means of determining gate
receipts. All scales shall be inspected, tested, and approved by the county
auditor or city sealer having jurisdiction where the scale is located and shall
meet the specifications, tolerances, and regulatory requirements of section
1327.49 of the Revised Code.
This paragraph shall not apply to an industrial solid waste landfill facility
owned by the generator that exclusively disposes of industrial solid wastes
generated at premises owned by the generator.

(1)
The owner or operator shall ensure that
surface water at a industrial solid waste landfill facility is diverted from
areas where industrial solid waste is being, or has been, deposited. The owner
or operator shall ensure that an industrial solid waste landfill facility is
designed, constructed, maintained, and provided with surface water control
structures that control run-on and runoff of surface water. These surface water
control structures shall ensure minimal erosion and infiltration of water
through the cover material and cap system. These surface water control
structures shall be designed in accordance with rule
3745-29-08 of the Administrative
Code.

(2)
If ponding or erosion
occurs on areas of the industrial solid waste landfill facility where
industrial solid waste is being, or has been, deposited, the owner or operator
shall undertake actions as necessary to correct the conditions causing the
ponding or erosion.

(3)
If a
substantial threat of surface water pollution exists, the director or health
commissioner may require the owner or operator to monitor the surface
water.

(b)
If necessary, collect and dispose of the
leachate in accordance with paragraphs (K)(5) and (K)(6) of this
rule.

(c)
Take action to minimize,
control, or eliminate the conditions which contribute to the production of
leachate.

(2)
The owner
or operator shall maintain at least one lift station back-up pump at the
industrial solid waste landfill facility at all times.

(3)
The owner or operator shall inspect the
collection pipe network of the leachate management system after placement of
the initial lift of industrial solid waste to ensure that crushing has not
occurred and shall inspect the collection pipe network annually thereafter to
ensure that clogging has not occurred.

(4)
If authorized in writing by the director,
the owner or operator may temporarily store leachate within the limits of waste
placement until the leachate can be treated and disposed as outlined in the
leachate contingency plan as required in paragraph (K)(6) of this
rule.

(5)
The owner or operator
shall treat and dispose of collected leachate in accordance with one of the
following:

(a)
Treat and dispose of collected
leachate on site at the industrial solid waste landfill facility.

(6)
The owner
or operator shall prepare a contingency plan for the storage and disposal of
leachate. The plan shall describe the immediate and long term steps, including
the setting aside of land for the construction and operation of an on-site
treatment facility, to be taken for leachate management in the event that
collected leachate cannot be managed in accordance with the management option
selected in paragraph (K)(5) of this rule.

(7)
If a substantial threat of water
pollution exists from the leachate entering surface waters, the director or
health commissioner may require the owner or operator to monitor the surface
water.

(M)
Annual operational
report. The owner or operator of an industrial solid waste landfill facility
shall submit an "Annual Operational Report" to the appropriate Ohio EPA
district office and approved health department not later than the first day of
April of each year. The "Annual Operational Report" shall include, at a
minimum, the following information summarizing the previous calendar year's
operations:

(1)
A topographic map of the
industrial solid waste landfill facility, certified by a professional skilled
in the appropriate discipline(s), with updated contour lines on the plan
drawing containing information specified in rule
3745-29-06 of the Administrative
Code. The scale and contour interval shall be consistent with the approved
plans. At a minimum, the owner or operator shall identify the following:

(i)
A comparison of the
actual vertical and horizontal limits of emplaced waste to the vertical and
horizontal limits of waste placement authorized in the applicable authorizing
document(s), including an approved permit(s) to install, plan approval, or
operational report. If emplaced waste exceeds the limits of vertical and
horizontal waste placement authorized in the applicable authorizing
document(s), this comparison shall include a topographic map which delineates
the areal extent of emplaced waste that exceeds approved limits specified in
such authorizing documents. In addition, the topographic map shall contain
notes that indicate the following information for waste exceeding authorized
limits of waste placement: the maximum estimated volume, the maximum depth, and
the average depth.

[Comment: The submittal of this information does not relieve an
owner or operator from complying with applicable authorizing documents or
correcting violations.]

(2)
A summary of the daily logs for the
previous year on forms prescribed by the director or alternate forms used
pursuant to paragraph (E)(10) of this rule.

(3)
An estimate of the remaining industrial
solid waste landfill facility life, in years, and in terms of the remaining
volume of the industrial solid waste landfill facility to be filled, in cubic
yards.

(4)
A summary of the
quantity of leachate collected for treatment and disposal on a monthly basis
during the year, location of leachate treatment and/or disposal, and
verification that the leachate management system is operating in accordance
with this rule.

(5)
Results of
analytical testing of an annual grab sample of leachate for the parameters
specified in paragraph (H) of appendix
III to rule
3745-30-08 of the Administrative Code and for
"Polychlorinated Biphenyls" (PCBs) if the owner or operator has accepted PCBs
for disposal in accordance with paragraph (E)(8)(d) of this rule. The grab
sample shall be obtained from the leachate management system.

[Comment: If PCBs are detected in leachate that will be
discharged directly to or transported and discharged to a wastewater treatment
plant, then the owner or operator of the industrial solid waste landfill
facility generating the leachate should contact Ohio EPA, division of surface
water, prior to discharging the leachate. If the wastewater treatment plant is
not affiliated with the landfill facility, then the owner or operator should
also contact the receiving wastewater treatment plant prior to discharge. The
owner or operator of the industrial solid waste landfill facility should inform
Ohio EPA, division of surface water (and the wastewater treatment plant, if
applicable) of the presence and concentration of PCBs detected in the leachate.
Depending upon the wastewater treatment plant's permitted discharge limit for
PCBs, the owner or operator of the industrial solid waste landfill facility may
be required to conduct pretreatment of the leachate to remove PCBs prior to
discharging to the wastewater treatment plant.]

(6)
The most recent updated final closure
cost estimate and post-closure care cost estimate adjusted for inflation and
for any change in final closure cost estimate or post-closure care cost
estimate required by rules
3745-27-15 and
3745-27-16 of the Administrative
Code.

(7)
A summary of any
maintenance performed on the leachate management system, ground water
monitoring system, explosive gas monitoring system, and any other monitoring
and control system installed at the industrial solid waste landfill facility or
performed in response to this rule.

(8)
The results of the annual evaluation of
the ground water surface elevation data in accordance with rule
3745-30-08 of the Administrative
Code.

(9)
A notarized statement
that, to the best of the knowledge of the owner or operator, the information
contained in the annual report is true and accurate.

Upon every tenth anniversary of the effective date of the
initial permit to install issued to the owner or operator of the industrial
solid waste landfill facility pursuant to Chapter 3734. of the Revised Code and
each tenth anniversary thereafter, the owner or operator shall submit to Ohio
EPA an analysis demonstrating that the design of the un-constructed portions of
the industrial solid waste landfill facility continues to be consistent with
the design standards established in the current version of rule
3745-29-08 (industrial solid
waste landfill facility construction) of the Administrative Code. If the
director determines that the design is no longer consistent with the standards
established in the current version of rule
3745-29-08 of the Administrative
Code, then the director may require the owner or operator to make the necessary
changes to the industrial solid waste landfill facility to bring the facility
into compliance with the design standards in the current version of rule
3745-29-08 of the Administrative
Code. Since these changes will represent deviations from what is contained in
the current authorizing document(s), the owner or operator shall obtain the
appropriate authorization from the director prior to making the changes. If a
permit to install application is required, the director shall not apply the
criteria outlined in paragraph (G) of rule 3745-29-07 of the Administrative
Code, when considering the permit to install application.

[Comment: A deviation may be an alteration, a modification, or
an other change depending upon the significance of the deviation. If the
deviation represents an alteration, then the owner or operator is required to
obtain written concurrence from Ohio EPA prior to making any change to the
facility. If the deviation represents a modification, then the owner or
operator is required to obtain a permit to install for the modification from
Ohio EPA prior to making any change to the facility.]

[Comment: To determine when Ohio EPA does and does not apply
siting criteria to the review of an application for a permit to install to
modify the facility, see rule
3745-29-07 of the Administrative
Code.]